Interpretation and definitions
1. In these Conditions:-
1. clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of these Conditions, nor modify nor amplify any of the provisions hereof;
2. a reference to:-
1. any particular gender shall include the other two genders;
2. the singular shall include the plural and vice versa;
3. a natural person shall include a juristic person (whether a corporate or unincorporated created entity) and vice versa.
2. In these Conditions, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:
1. these Conditions – collectively, the terms and conditions set forth herein, together with such further and/or ancillary conditions as may be agreed to in writing between and the Customer. Copies of these Conditions are available on request and can be accessed via the Website or telephoning 's designated number for that purpose;
2. the Customer – any party with which saproType has agreed to provide the Products in accordance with these Conditions;
3. Order – an order placed with saproType by a Customer to purchase a product.
For the avoidance of doubt, it is acknowledged and agreed that the submission shall constitute an Order;
4. Pay As You Go Basis - the provision by of Services to a Customer on an ad hoc "pay as you go" basis;
5. Product- any equipment or commodity whether electronic or otherwise
6. Installation and Training
7. - South African Professional Typing Services Online CC, Registration No 2008/204583/23, a Close Corporation duly registered in accordance with the laws of the Republic of South Africa;
8. user- anyone who accesses the website
9. the Website – 's website, namely www.saprotypeproducts.co.za;
10. Services- the sale delivery and installation and training of products.
1. The Website provides information concerning products it offers.
2. These Terms and Conditions govern the customer or users use of the website located at the domain namewww.saprotypeproducts.co.za. ("the Website"). By accessing and using the Website, the customer/ User agrees to be bound by the Terms and Conditions set out in this legal notice.
3. Users and customers may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
4. By using this Website or communicating with the Provider by electronic means, the user/ customer consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
• Placing and acceptance of Orders
1. The submission to saproType of an order or payment to purchase a product or a deposit shall be deemed to be an Order placed with saproType to supply the product in relation thereto and shall further be deemed to have been placed on the understanding that 's current standard tariff of charges as set forth in the Website will apply.
2. saproType may in its sole and absolute discretion refuse to accept any Order, without providing reasons therefor. In such event, will inform the Customer concerned as soon as is reasonably practicable after receipt by it of the relevant Order.
• Payment Conditions for Product Sales
1. All payments to be made strictly upfront by cash, internet electronic transfer (EFT) or by credit card via the shopping basket on saproType website.
2. Cheques and debit cards not accepted.
3. Cheque deposits are subject to the full banking clearance period before any goods will be released.
4. Goods only receivable once the deposit appears in the saproType account and is confirmed to be valid and cleared by the bank unless otherwise agreed to by a saproType representative and specified in writing purely at saproType discretion and in whom is vested the appropriate authority to do so.
5. The product prices listed on the website are only for the products as packaged and do not include installation and training or courier / delivery fees.
6. Prices for installation and training assume training at saproType premises in Glenhazel Johannesburg or at premises within a 50km travelling distance of saproType premises in Glenhazel Johannesburg. saproType reserves the right to inform the customer upfront of any required modifications in these charges The travelling distance is to be determined at the sole discretion of saproType.
7. Costs for travel to further destinations and for accommodation will be quoted separately on an individual basis.
8. These prices are per item and/or per hour unless otherwise specified and are also determined by the number of items requiring installation and training as well as the number of individuals to be trained.
9. Average delivery charge listed on the website is for delivery to major centres within the Republic of South Africa only. saproType reserves the right to modify this charge at its sole discretion where appropriate. Failing this the customers are welcome to arrange for collection at their own expense once payment is cleared.
• E-Commerce & Privacy
1. The Website (www.saprotypeproducts .co.za) offers electronic products and installation and training services online.
2. The use of any product or service bought from this Website is at the purchaser's risk. The purchaser / User and customer indemnifies and holds harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
3. The private information required for executing the orders placed through the e-commerce facility, namely the user's or customer's personal information delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
4. saproType HAS NO ACCESS TO CREDIT CARD DETAILS SUBMITTED TO ANY PAYMENT GATEWAY AND THEY ARE NOT KEPT BY UNDER ANY CIRCUMSTANCES.
5. saproType cannot be held responsible for security breaches occurring on the Customer / User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
6.saproType will dispatch all goods to the delivery company in good order. saproType will not be held liable for the condition of goods arriving at the User's chosen delivery address.
• Online Payment Gateway
All online credit card payments are processed by the PayFast Internet Payment Gateway.
Card Holders may go to security policy.
• Refund and Return Policy for electronic and other equipment
1. The provision of products is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days.
2. Cancellation of orders by the customer will attract a 20% charge for administration costs.
3. The customer is solely responsible for courier charges to return unwanted unopened goods.
4. The Provider reserves the right to cancel an order for product or other equipment for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider's standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
5. There will be no refunds for goods whose packaging has been opened or for damaged goods. This will be determined at the sole discretion of saproType.
• Obligations of the Customer
1. The Customer is to take all reasonable steps to ensure that it does not transmit to any file containing a virus, worm, "Trojan Horse" or any other destructive feature and hereby indemnifies and holds it harmless against all loss or damage which may suffer as a result of it failing to so ensure.
2. In submitting Orders the Customer warrants that there will be no breach of copyright or other intellectual property rights on the part of in rendering the Services required therein.
3. The Customer is to maintain confidentiality in relation to its password and user name, thereby restricting access to unauthorised third parties. Documents will only be capable of being accessed and downloaded by the original author of the Dictation or its duly authorised representative.
4. The Customer undertakes not to conclude or endeavour to conclude any private agreement with any member of saproType staff.
1. Subject to the provisions of the ECT Act and to the fullest extent allowed by law, shall not have any liability whatsoever to the Customer or any third party in respect of claims arising out of:-
1. any breach of copyright on the part of the Customer;
2. any delays occurring as a result of circumstances beyond the reasonable control of , and the Customer hereby indemnifies and holds it harmless against all loss and liability that may suffer arising out of such claims.
2. Notwithstanding the aforegoing, saproType's liability for any loss or damage to the Customer arising out of the rendering by it of the Services shall be limited to the amount received by it in payment for the Services in question. Under no circumstances whatsoever shall be responsible for any other loss or damages whether direct or indirect and in particular it shall not be responsible for any consequential damages whatsoever.
3. saproType cannot accept responsibility and wishes to be indemnified and the user agrees to indemnify for and against any adverse or other consequence, deemed to arise from any accession of or its representative, to a user's request to provide any help or support for anything that is not strictly limited to the maintenance of products or specific product related software.
1. These Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
2. No addition, amendment or variation to these Conditions as posted on the website at the time of placement of an order shall be of any force or effect unless reduced to writing and signed by or on behalf of and the Customer.
3. Updating of these Terms and Conditionsreserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates
4. Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither nor any holding company, affiliate or subsidiary of , shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if is expressly advised thereof.
5. Copyright and Intellectual Property Rightsprovides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by, its affiliates and/or subsidiary, or any other third party owners of such content, . All such proprietary works, and the compilation of the proprietary works, are copyright the , its affiliates or subsidiary, or any other third party owner of such rights and is protected by South African and international copyright laws. reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User or Customer is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content. These Copyright and Intellectual Property rights and protections extend to any other documentation, logos, uploads, audio files, customised software or intellectual property which may become accessible elsewhere or in the ordinary course of any other form of interaction, correspondence or communication with . reserves the right to protect its proprietary interests and to seek the appropriate damages or relief for any violation of its Copyright , Intellectual Property Rights or Proprietary interests