Terms and Conditions of BeNoticed
All references to "the Company", "we", "us" and "our" in these terms and conditions are deemed to refer to BeNoticed. Further references to “you” or “your” in these terms and conditions refers to the users/visitors of BeNoticed.
These terms and conditions ("Terms and Conditions") manage your activity of the website as well as your use of this forum.
Acknowledgement of terms
BeNoticed permits the use of this Website subject to the Terms and Conditions ("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 the Terms and Conditions.
2. Use of the Website
2.1 You may only access www.benoticed.co.za if you are 18 years or older and in the event that you are younger than 18 years of age, use of the website must be under the supervision of a parent or legal guardian.
2.2 You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from the management of BeNoticed (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
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 display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of the management of BeNoticed.
3. Ownership and copyright
3.1 The contents of www.benoticed.co.za, including information relating to its policies, terms and conditions, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company. No license to or right to any such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is strictly prohibited.
4.1 Any person who accesses www.benoticed.co.za or relies on the information contained in this Website does so at his/her own risk.
4.2 Whilst BeNoticed may take reasonable measures to ensure that the contents of this Website are accurate and complete, BeNoticed makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
4.3 All information provided on this website is provided "as is" without a 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.
4.4 BeNoticed does not accept any responsibility for any errors or omissions on this Website.
4.5 Whilst there are disclaimers contained elsewhere in the Terms and Conditions, BeNoticed also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
5. Linked third party websites
5.1 www.benoticed.co.za will contain links or references to other websites ("Third Party Websites") outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
5.2 Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party 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 Third Party Websites or your reliance on any information contained thereon.
6.1 Whilst we respect your privacy, please note you will be requested to make the following personal information available when using the www.benoticed.co.za –
6.1.1 your name and surname;
6.1.2 your email address;
6.1.3 your physical address;
6.2 It is your responsibility to keep your personal information updated in the event that your information becomes outdated, inaccurate and is no longer complete.
6.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
6.5 The purposes for which we will use your personal information are as follows: to contact you regarding current or new products or services, to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material), and to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.
6.6 BeNoticed will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to a third party without your prior consent, unless the use or disclosure is –
6.6.1 required in order to comply with applicable law, order of court or legal process served on the Company; and/or
6.6.2 disclosure is necessary to protect and defend the rights or property of the Company.
6.7 We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
6.8 We will –
6.8.1 treat your personal information as strictly confidential;
6.8.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
6.8.3 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
6.8.4 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
6.8.5 upon your request, promptly return or destroy any and all of your personal information in our possession or control.
6.9 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
7. Limitation of liability
7.1 THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
7.2 YOU HEREBY INDEMNIFY THE COMPANY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
8. Changes to these Terms and Conditions
BeNoticed in its sole discretion reserves the right to update, amend or change the Terms and Conditions as and when the need arises without any prior notice or consent, written or verbal to or from you the user of this site. Any such change will be highlighted in the Terms and Conditions once effected thereby notifying you of the change prior to you accessing the site. If you so choose to continue to access the site after such updates, amendments or changes have been effected, that thereby constitutes your acceptance and acknowledgement of such updates, amendments and changes.
8.1 Availability and termination
8.1.1 All reasonable endeavours will be attempted to maintain the availability of www.benoticed.co.za, except during scheduled maintenance periods, and further reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
8.1.2 BeNoticed may in its sole discretion terminate, suspend or modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
8.2 Governing Law
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.
9. TERMS AND CONDITIONS OF SALE
9.1 Sale of Goods
9.1.1 These Terms and Conditions of Sale govern the sale of products ("Goods") by the Company to you via the Website. The Terms and Conditions of Sale are separate to the Terms and Conditions of Use of the Website.
9.1.2 Once you tick the box labelled "I accept", these Terms and Conditions of Sale form a legally-binding agreement between you and BeNoticed. In the event that you may wish to contact us regarding the details of your transaction, you may do so via email on firstname.lastname@example.org, however, an email confirming your order and purchase details will be sent to you in any event once payment of your order has been successful.
9.2.1 Payment can be made via the Website by –
18.104.22.168 credit card;
22.214.171.124 direct bank cash deposit or electronic funds transfer, in which event, you must make payment within 48 hours of placing your order. BeNoticed will only process your order once confirmation of payment has been received and the funds have been cleared in our account.
Please forward your proof of payment to email@example.com or fax proof of payment to (011) 452 6683.
The reference for your electronic funds transfer will always be your invoice number.
126.96.36.199 Cheque deposits will be accepted upon prior arrangement with management, in which event, you must deposit your cheque within 48 hours of placing your order. BeNoticed will only process the order upon clearance of the cheque and an allowance of seven (7) days will be made available for such clearance.
9.2.2 Once you accept these Terms and Conditions of Sale, you will be directed to the check out queue, where a secure link through PayFast protects your transaction.
9.4 CANCELLATION AND REFUND
9.4.1 You are entitled to cancel your order for the item/s, without penalty, within 7 days of the item/s having been delivered to you. In such an event -
188.8.131.52 you will receive a full refund of the purchase price within 30 days of cancelling this agreement, provided it was within the 7 day period from receipt of the item/s;
184.108.40.206 the item/s were not used by you or anyone else prior to the item/s being returned to BeNoticed;
220.127.116.11 you will be liable in terms of section 44(2) of the Electronic Communications and Transactions Act 25 of 2002 (as amended from time to time) for the direct costs of returning the Goods, such as courier and/or shipping fees.
Please note your right to cancel the order without penalty shall not be applicable for items such as books, magazines, dvd’s, cd’s, periodicals and newspapers where the seal of the item has been removed or broken.
9.4.2 BeNoticed will deliver the item/s to you as soon as reasonably possible, but no later than 30 days after receipt of your payment. Should BeNoticed not be able to deliver your item/s to you during the disclosed delivery period you will be notified accordingly. You may then, elect whether or not to proceed with your order for the item/s after receiving such notification and further will have 48 hours in which to make such decision. If you elect not to proceed with your order, BeNoticed will reimburse you the full amount of your order within 30 days after the date of such notification, likewise, should you omit to inform BeNoticed of your wish to cancel within the 48 hours, it will be deemed that you have elected to accept the delay in delivery and your order will be delivered to you as soon as possible under the present circumstances.
9.5.1. Items may be returned only when defective, damaged or if the item supplied is not the same as to what was ordered. If the item is defective in any way this must be reported as soon as reasonably possible after the product has been delivered to you and must be returned to BeNoticed within a period of 30 days/one month after delivery. If the item/s are not the same as to what was ordered, this must be reported immediately, no later than 24 hours after delivery. Any damage must also be immediately reported, no later than 24 hours of delivery.
9.5.2 Should the item/s be approved for return, we will notify you of the date and approximate time of pickup of our courier and please ensure from your side that the item/s are returned to BeNoticed in its original packaging.
9.5.3 When returning any item/s via courier please return the item/s in its original packaging so the item/s are not damaged enroute. Please also include the Approved Returns Number (A.R.N.) and a copy of your original invoice.
9.6.1 If any party ("Defaulting Party") breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) working days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
18.104.22.168 any amounts that may be due to it in terms of this agreement; and
22.214.171.124 any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
9.7 Governing law and jurisdiction
Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subject to the exclusive jurisdiction of the South African courts.
9.8.1 BeNoticed hereby selects 47 Blaauwberg Road, Office 5 Giuliva House, Table View, 7441 as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale ("domicilium"). You as the client hereby select the address specified on the item/s for delivery on the order form as yourdomicilium. Either party wishing to use any other address as its domicilium has a provide the other with a 7 days' notice in writing of such change. Such notice/s must be sent either by hand, registered mail, telefax or email and must be in English. All notices sent –
126.96.36.199 by hand will be deemed to have been received on the date of delivery;
188.8.131.52 by registered post, will be deemed to have been received 10 days after the date of posting;
184.108.40.206 by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
220.127.116.11 by email will be deemed to have been on the date indicated in the "Read Receipt" notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND BeNoticed MUST MAKE USE OF THE "READ RECEIPT" FUNCTION to serve as proof that an email has been received.
9.9.1 You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.
9.9.2 Any failure on the part of you or BeNoticed to enforce any right in terms hereof shall not constitute a waiver of that right.
9.9.3 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
9.9.4 No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
9.9.5 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.