NOTICE TO USER
Clicking in the I accept these terms and conditions box when purchasing any goods on this website, stipulates your acceptance of the terms and conditions as set out below, as well as a confirmation that you have read all of the terms and conditions and that you will abide by and be bound by this agreement.
OWNERSHIP OF THIS WEBSITE AND ITS CONTENT
This website is owned and operated by On the Dot, a business division of Media24. All elements of the site, including the images, text, databases, icons, hyperlinks, software, private information, photographs, graphics, illustrations, artwork, design, names, logos and trademarks (collectively, the “content”), are protected by copyright, trademark, design and other South African and international laws relating to intellectual property.
The limited rights granted to you in terms of this agreement are set out in these terms and conditions as read in conjunction with the invoice that will accompany your goods at the time of delivery thereof and which serves as evidence of your purchases from this website.
Users may download, view and print content from this site for private and non-commercial purposes only. Except as explicitly permitted in these terms and conditions, no portion or element of this website or the content contained thereon may be reproduced or transmitted via any means. The website, its content and all related rights shall remain the exclusive property of On the Dot and/or its suppliers, as the case may be. All rights not expressly granted to you in terms of these terms and conditions are reserved by On the Dot, including without limitation, all moral rights of On the Dot and its employees, suppliers and/or agents.
Email addresses, names, telephone numbers and fax numbers appearing on this website may not be incorporated into any database used for any marketing or other purposes.
AGREEMENT
Your acceptance of these terms and conditions constitute an agreement between you and On the Dot. If you are using this website on behalf of a company or any other person or entity, you hereby represent that you have the authority and power to bind the company or such other person or entity to the terms and conditions of this agreement.
On the Dot reserves the right to amend the terms and conditions of this website at any time and without prior notice. You are responsible for regularly reviewing these terms and conditions. The terms and conditions were last updated on 3 May 2010.
DEFINITIONS
Unless the context requires otherwise, the following words and phrases used in these terms and conditions shall bear the following meanings:
"agreement" - the agreement concluded between you and On the Dot in relation to the use of this website and the purchase of any goods in terms hereof, which takes effect and comes into force when you click the I accept these terms and conditions box;
"we", "us "and "our" – On the Dot;
"On the Dot" - a business division of Media24, a public company incorporated under the laws of the Republic of South Africa, registration number 1949/035471/06;
"the consumer", “customer”, “user”, "you", "your" and "yours" - the user of the site, your company, your employer or your client as the case may be;
"site" and "website" - the electronic pages being used by the user to access and view the content and to conclude purchase agreements in relation to goods offered on the website;
"terms and conditions" – the terms and conditions contained herein and which you accepted by clicking on the I accept these terms and conditions box and which govern the agreement between yourself and On the Dot;
"supplier" – a person who at our instance supplies content to the site or offers any goods for sale to users;
"statement" – the document, whether delivered in electronic or printed format, created by On the Dot, which reflects the purchase price paid or payable by you in respect of any goods ordered and/or purchased by you in terms of this website;
"text" - any words, information or data (including without limitation an article, feature, interview, recipe, caption, extended caption or any other words) in written or digitally stored or transmitted format that we may offer, either for the purpose of reproduction or for the purpose of providing specific information about any goods on offer on this website;
“goods”, “product” or “item” – any goods, services and/or products made available for purchase by a customer on this website and “item” shall mean any individual item of such goods, services or products;
“order” means an order for the purchase of goods by placing an item in the user’s wish list or shopping basket on this website;
“purchase cycle” means the placing of an order on this website, clicking on the I accept these terms and conditions box and the successful payment of the purchase price of the goods;
"ECT Act" - South Africa Electronic Communications and Transactions Act No 25 of 2002 (as amended). A copy of the ECT Act can be viewed at http://www.acts.co.za/ect_act/.
LIMITATION OF LIABILITY, DISCLAIMERS AND INDEMINITY
On the Dot shall be not be liable under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims arising out of or in any way connected with the use of or inability to use the website, or the services or content provided on or through this website, whether based on contract, delict (tort), strict liability or otherwise; and
On the Dot’s liability in all circumstances is always limited to the purchase price paid by you for the products and services purchased in terms of this website.
On the Dot makes no representation and does not give any warranty in relation to the content or any services supplied in terms of this website, either express or implied. On the Dot makes no representation or warranties that the use of the site will be uninterrupted or error free. The use of this site is at your own risk. Users are encouraged to report any possible malfunctions and errors to johan.brand@onthedot.co.za.
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 On the Dot 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 On the Dot 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 On the Dot are made pursuant to agreements with shipping and delivery agents and risk of loss pass from On the Dot to such agents upon delivery of any item to such carrier. Neither On the Dot 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.
You are responsible for the verification of all information (including product codes) appearing on the invoice.
You agree to indemnify and hold On the Dot and its suppliers harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from any breach of this agreement by you.
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 the On the Dot website shall be prosecuted and civil damages shall be claimed in the event that On the Dot suffers any damage or loss.
You agree and hereby warrant that your login name and password shall:
be used for personal use only;
not be disclosed to any third party.
You however hereby authorise On the Dot to take all reasonable steps to ensure the integrity and security of the On the Dot website and back-office applications. All credit card transactions are however Secure Socket Layers encrypted. The company registration documents and On the Dot website’s registered domain name are checked and verified by Thawte.
ELECTRONIC COMMUNICATIONS
When a user visits On the Dot or sends emails to On the Dot, that user consents to receiving communications from On the Dot electronically and agrees that all agreements, notices, disclosures and other communications sent by On the Dot satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
HYPERLINKS
No person, business or website may link to any page on this site without the prior written permission of On the Dot. Such permission could be obtained from johan.brand@onthedot.co.za.
We are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for web casting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.
The websites, to which we link, including but not limited to the sites of subsidiaries and third party content providers, may have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of linked sites and encourage you to become acquainted with them.
Any dealings with third parties (including advertisers) included within the website or participation in promotions, including the delivery of and the payment for goods, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party concerned. On the Dot shall not be responsible or liable for any part of any such dealings or promotions.
You waive any and all claims against On the Dot regarding the inclusion of links to outside websites or your use of those websites.
FRAMING
No person, business or website may frame this site or any of the pages on this site in any way whatsoever.
SPIDERS AND CRAWLERS
No person, business or website may use any technology to search and gain any information from this site without the prior written permission of On the Dot. Such permission could be obtained from johan.brand@onthedot.co.za.
TRANSFERABILITY
You are not permitted to transfer your rights in terms of this agreement without our written consent. We may refuse application for such consent in our sole discretion. We may transfer our rights under this agreement without prior notification.
WAIVER
Failure by us to act on any breach of contract does not imply a waiver of our rights in terms of the breach or subsequent breaches of contract.
ENTIRE AGREEMENT
This agreement, as read with the terms reflected on the invoice, constitutes the entire agreement between the user and On the Dot relating to the purchase of goods. No variations or changes of these terms and conditions, as read with the terms reflected on the invoice, shall be effective unless agreed to in writing by On the Dot and you.
VARIATION
No variations or changes of these terms and conditions shall be effective unless agreed to in writing by us.
SEVERABILITY
If any provision of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which this agreement is intended to be effective, then to the extent and within the jurisdiction which that provision is illegal, invalid or unenforceable it shall be severed and deleted from this agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
TERMINATION
We may terminate any sale agreement and your order with full refund of your invoice amount if we are for any reason unable to comply with your order or if facts become known which makes your purchase of the goods illegal or unlawful.
GOVERNING LAW AND JURISDICTION
These terms and conditions, as well as any disputes or claims arising under or relating to this agreement, shall be governed by and construed in accordance with the laws of the Republic of South Africa. Disputes arising under this agreement shall be exclusively subject to the jurisdiction of the courts of the republic of South Africa.
SOUTH AFRICA ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT NO 25 OF 2002
The following information is made available as required by section 43 of the ECT Act:
Full name and legal status of supplier of goods – On the Dot is a division of Media24, a public company incorporated under the laws of the Republic of South Africa, registration number 1949/035471/06.
On the Dot's physical address, postal address and telephone number - On the Dot, Sacks Circle, Bellville South. P. O. Box 487, Bellville, 7535, Tel. +27 21 918 8500.
On the Dot's website address and email address - www.onthedot.co.za
The names of Media24 office bearers (of which on the Dot is a business division) –
Prof Jakes Gerwel (Chairman)
Francois Groepe (Chief Executive Officer)
Koos Pieterse (Chief Financial Officer)
Media24 place of registration – Media24, Heerengracht, Cape Town.
The physical address where On the Dot will receive legal service of documents – On the Dot, Sacks Circle, Bellville South.
Main characteristics of the goods or services offered by Media24 and On the Dot – On the Dot facilitates the sale and distribution of media-related products which can be man-handled.
The full price of the goods or services, including transport costs, taxes and any other fees or costs and the manner of payment – The full prices are as set out on the website, via email or in writing by an authorised representative of On the Dot. The payment options are detailed in this website and can be accessed through www.onthedot.co.za.
Any terms of agreement, including any guarantees, which will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers – The terms applicable to the agreement between On the Dot and consumers are set out in this website and can be accessed through www.onthedot.co.za.
The time within which the goods will be dispatched or delivered or within which the services will be rendered – The delivery time is specified on this website and can be accessed through www.onthedot.co.za.
The manner and period within which consumers can access and maintain a full record of the transaction – Upon completion of the purchase cycle, customers will immediately be able to view a record of their transaction. Alternatively, details of the transaction may be obtained from On the Dot
The return, exchange and refund policy of On the Dot – The refund policy of On the Dot is set out in these terms and conditions and can be accessed through www.onthedot.co.za.
Any alternative dispute resolution code to which Media24 subscribes and how the wording of that code may be accessed electronically by the consumer – In the event that any dispute cannot be resolved between the consumer and the Customer Relations Department of On the Dot within a period of 60 days, the rules of the Arbitration Foundation of South Africa shall apply in relation to any dispute concerning any matter relating to the website or the agreement concluded between On the Dot and the consumer. The rules can be accessed at www.arbitration.co.za. The arbitration shall be conducted in Cape Town in English and the arbitration ruling shall be final and binding on the parties and the unsuccessful party shall bear the costs of the successful party on the scale as between attorney and own client.
The security procedures and privacy policy of On the Dot in respect of payment, payment information and personal information – These policies can be viewed and accessed through www.onthedot.co.za.
The rights of consumers in terms of section 44, where applicable – In terms of section 44 of the ECT Act, a consumer may cancel any agreement within 7 days after date of receipt of goods and services forming the subject matter of the agreement and the only charge that may be levied is the direct costs of returning the goods and services.