Brainware and its affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using the brainware website and/or registering to shop on brainware you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the brainwarewebsite to trade and that you agree to be bound by these terms and conditions.
Your access to the brainware website and use of any services provided by brainware including any purchases made by you from brainware are subject to terms and conditions established under the following headings.
- Terms of Trade with brainware
- Privacy and Security Statement
- Intellectual Property Statement
- Dispute Resolution
- Compliance with statutory consumer protection provisions
brainware grants you a limited license to access and make personal use of the brainware website. You are not allowed to modify (other than page caching) the website or any portion thereof without the prior written consent of brainware.
This license does not permit any resale or commercial use of the brainware website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the brainware website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the brainware website so long as the link does not portray brainware, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any brainware logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.
brainware may provide links from the brainware website to other websites which may offer services to you and is not responsible for evaluating the content or offerings made on these websites.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE brainware WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, brainware DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. brainware WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE brainware WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
The brainware website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you.
Invitation to do business
Only when brainware has accepted your offer to purchase and the acceptance is communicated to you, will an enforceable agreement of sale be transacted.
Despite our best efforts, a small number of the products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will do one of the following:
- If the correct price is lower than our stated price, we will charge the lower amount.
- If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.
IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the brainware website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with brainware. You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services. Place and time of agreement
Due to the popularity of some products or services, brainware may not always have any products or services ordered by you in stock. brainware will accept orders for out of stock products or services to ensure that you will be the first to receive the item once it becomes available. If the products and services ordered by you are not available or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you.
When you visit brainware or send e-mails to us, you are communicating with us electronically. brainware will communicate with you by e-mail or by posting notices on the brainware website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing a fraud and brainware may take whatever legal action it deems necessary to obtain the appropriate relief.
In registering as a purchaser you are required to provide brainware with, complete and accurate information about yourself and you warrant that the information provided is correct.
If you are in breach of, or brainware believes that you may breach, any of the terms and conditions governing the use of, or trading using the brainware website, brainware may, in it's absolute discretion, either suspend or terminate your registration as a purchaser.
You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.
If you suspect that the confidentiality of your password has been compromised you should immediately advise brainware of this fact by email. brainware shall on receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions.
brainware may amend the terms and conditions governing access to the brainware website as well as trade using the website.
Brainware knows that you care how your personal information may be collected, processed and used; we appreciate your trust that brainware will do so carefully and sensibly.
The information provided by you helps us personalize and continually improve your shopping experience at brainware. Here are the types of information we gather.
- Automatic Information: brainware receives and stores certain types of information whenever you interact on the brainware website or communicate with brainware by email. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your web browser accesses brainware.
- Information You Give Us: We receive and store information you enter on the brainware website or that you may provide to brainware in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
- E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from brainware, if your computer supports such capabilities.
By providing the information to brainware you consent to brainware collecting maintaining, storing and processing the information, provided that brainware shall:
- not disclose your personal information to a third party other than to effect the transactions agreed to in using the brainware website without obtaining your express consent to do so;
- only disclose your personal information, without your consent, if legally required to do so;
- be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.
While brainware and its affiliates shall take commercially reasonable care to safeguard the information provided by you to brainware from unauthorized access or disclosure, brainware does not represent or guarantee that the safeguards will provide absolute protection.
Copyright in any information or trade marks displayed anywhere on the brainware website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by brainware, or by the original creator of the materials, or by suppliers and service providers to brainware.
Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English. For the purposes of any arbitration:
- you choose the email address chosen by you in registering as a purchaser; and
- brainware chooses firstname.lastname@example.org
By using the brainware website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.
brainware adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the brainware website, as well as the information required in terms of the Act, are provided for your reference.
Return of products or cancellation of service agreements
brainware shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within seven days of the date of receipt by you of the products or the conclusion of an agreement to provide services. Exclusions from return of products or cancellation of service agreements
The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:
- any products and services are acquired by auction;
- to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
- where the price of the products or services depends on fluctuation in financial markets beyond the control of brainware;
- where the products are personalised or made to the customers specifications;
- where the products by reason of their nature cannot be returned;
- if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
- the sale of reading material in whatever form.
Customers obligations on return of products and services
If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to brainware or it’s authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by brainware or its agents, to the customer as well as a written indication of the customers choice to cancel the transaction.
The customer shall refund to brainware all direct expenses incurred by brainware or it’s authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by brainware or it’s authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.
brainware’s obligations on return of the products and services
Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services brainware or it’s authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to brainware as provided for above.
Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.
Full name and legal status of website owner: brainware is the trading name and is wholly owned by Brain Ware a company duly incorporated in terms of the company laws of South Africa.
Self regulatory or accreditation body: none.
Address for service of all legal documents: same
Description of Services: brainware provides access to a variety of products and services that may be purchased online all of which are, or will be, described on the brainware website.
Price of goods: Prices are displayed in the website and are subject to brainware rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on the brainware website are inclusive of Value Added Tax.
Payment: Payment terms and manner of payment are stipulated in the clause dealing with payment above.
Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on the brainware website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.
Delivery of products or services: The anticipated time of delivery of any products or services, purchase using the brainware website shall be indicated at the time that any order is accepted by brainware.
Transaction records and history: A full record of transactions effected using brainware shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by brainware or it’s agents.
Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above.
Privacy and Security: The provisions governing Privacy and Security are provided for under the clause Privacy and Security above.
Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use the brainware website. All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination.