Terms And Conditions
OPTIMI TERMS AND CONDITIONS
You are solely responsible for the operation, performance and security of your computer system, device, network and other computing resources used to connect to our Platforms. It is your responsibility to ensure that the device you use to access our Platforms meets all the technical specifications necessary to be compatible with, and allow proper use of, our Platforms. It is your responsibility to implement adequate safeguards and virus checks on the device you use to access our Platforms, to sufficiently protect the safety and reliability of data input and output relating to our Platforms.
In terms of Section 86 of the Electronic Communications and Transactions Act, Act 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of our Platforms or to otherwise interfere with the proper functioning thereof. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to our Platforms or attempts to gain unauthorised access to our Platforms shall be held criminally liable, and in the event that we should suffer any damage or loss, civil damages may be claimed.
While using our Platforms, you may not:
- Attempt to gain access to any Platform, Product or Service through unauthorised means;
- Attempt to circumvent, hack or tamper with the security and other features of our Platforms;
- Knowingly or negligently access or use our Platforms in a manner that abuses or disrupts the network, security system or services of our Platforms, interferes with the proper functioning of our Platforms or is otherwise unlawful;
- Attempt to modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or decipher any code relating to our Platforms;
- Transmit material which is defamatory, offensive, abusive, harassing, obscene, slanderous, contains or amounts to hate speech or is otherwise unlawful;
- Transmit any unauthorised advertisement, junk mail or spam, or any material that may infringe our intellectual property rights or that of any third party;
- Transmit material that is harmful to computer code or contains software viruses.
You agree to immediately notify us of any unauthorised use, or breach of security, of our Platforms. Unauthorised use or security breaches may be reported at firstname.lastname@example.org.
In order to purchase and/or make use of certain Products and Services, you may be required to register an account with the Platform offering such Product or Service (“User Account”). All information provided by you, or on your behalf, for the purpose of creating a User Account must be current, complete and accurate. You are responsible for keeping such information updated.
Your User Account will provide you with secure online access to manage your account with us. The creation of your User Account is subject to our approval. The turnaround time for applications and registration of a User Account is not guaranteed.
To register a User Account, you will be required to set up secured accessed mechanisms, such as a username and/or password (“User Access Information”). You must treat your User Access Information as confidential and not disclose it to any unauthorised third party.
You are solely responsible for the security of your User Account, including maintaining the confidentiality of your User Access Information and logging out of your User Account at the end of each session. You will be responsible for all activities that occur under your User Account. Once your User Access Information has been used to access our Platforms, you will be liable for all activity on your User Account, irrespective of whether such use is unauthorised or fraudulent. We will not be liable for any loss that you may incur as a result of an unauthorised third party using your User Access Information or User Account, and you may be held liable for any costs and/or losses incurred by us and/or another party due to such third party using your User Access Information or User Account.
You agree to immediately notify us of any unauthorised use, or breach of security, of your User Account or User Access Information. Unauthorised use or security breaches may be reported at email@example.com.
PRODUCTS & SERVICES
We may market and advertise certain Products and/or Services on our Platforms, which may be ordered and purchased online using our Platforms.
Any information or data found on our Platforms shall not be construed as an offer to do business and shall merely be an invitation, by you, to do business which requires the acceptance of such offer by us. Our acceptance shall always be subject to the availability of Products and/or Services and the correctness of the information relating to the Products and/or Services.
We cannot guarantee the availability of Products and/or Services. Any Product or Service may be modified suspended, discontinued or limited without notice. We shall not be liable to you or to any third-party for any modification, suspension, discontinuance or limitation of any Product or Service. When a Product or Service is no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid for such Product or Service.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Certain Products and/or Services may not be purchased for re-sale. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorised dealers, resellers or distributors. Should we suspect that any such Products and/or Services are being purchased for re-sale, we are entitled to cancel your order immediately on notice to you, suspend or terminate your User Account as well as restrict or limit your access to our Platforms.
We may use third party agents for shipping, delivery or transmission services in respect of Products or Services ordered and/or purchased using our Platforms. Risk of loss in such Product or Service shall pass from us to such agent upon delivery of any item to such agent.
We shall not be liable for any damage, loss or liability of whatsoever nature arising from the use of any Product or Service sold on our Platforms.
FEES & PRICING
All pricing in respect of Products and Services offered on our Platforms are subject to change at any time without notice, at our sole discretion. We shall not be liable to you or to any third-party for any price change of any Product or Service.
To order Products and/or Services via our Platforms you will be required to register a User Account with the relevant Platform. If you already have a User Account, you must log onto your account using your User Access Information.
Before processing any order, you will be required to expressly accept the terms and conditions of the purchase agreement applicable to the ordered Products and/or Services.
Our Platforms may provide you with an option to place Products and/or Services in a “shopping cart” or “wish list”. To do so will not constitute as a purchase unless you complete the entire purchase process. Items may be removed from your “shopping cart” or “wish list” at any time prior to purchase and we shall not be liable to you or to any third-party for the removal of such items.
All transactions, whereby our Products and/or Services are ordered and/or purchased using our Platforms, are subject to automated processing.
To order and purchase Products or Services, you will be required to provide certain personal information as well as billing details. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Platforms. You agree to promptly update your User Account, User Access Information and billing information, including your credit card numbers and expiration dates, as and when such update is required.
Our Platforms may allow for various methods of payment. The available payment methods may vary depending on the particular Platform, Product or Service. We reserve our right to include and discontinue any payment method at our sole discretion and without notice. We shall not be liable to you or to any third-party for any modification or discontinuance of any payment method available on our Platforms. It is your responsibility to continually review the payment methods available to you on our Platforms.
We may use third-party tools to offer one or more payment methods. By using any third party payment tool, you acknowledge and agree to the terms and conditions prescribed by such third party in respect of such payment tool. We shall have no liability whatsoever arising from or relating to your use of optional third party payment tools. Any use by you of third party payment tool offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided.
In respect of any available method used to perform a payment via out Platforms, you warrant that you are fully authorised to use such payment method for purposes of making such payment. You also warrant that your elected payment method has sufficient available funds to cover all the costs incurred as a result of the transaction.
Your subscription of certain Products and/or Services may create a recurring charge against your User Account. It is important to ensure that all charges to your User Account are paid timeously and in full. Optimi follows a strict process for the collection of outstanding/overdue payments and may use third party debt collectors or legal teams to assist.
You are responsible for all amounts due in terms of your User Account. Unpaid accounts will result in the suspension or limitation of your access to the Platforms, Products and/or Services and may lead to legal action and credit blacklisting. Suspension or limitation of your access to the Platforms, Products and/or Services may occur if your User Account is in arrears for 30 days or more. To remedy this suspension or limitation, the outstanding amount must be paid in full or an approved alternative arrangement must be made with Optimi. The latter will only be allowed in exceptional cases.
The suspension or limitation of your access to the Platforms, Products and/or Services may affect the services provided by third parties making use of our Platforms, Products and/or Services. We shall not be liable to you or to any other person for any indirect, consequential or incidental loss or other damages, whether direct or indirect, arising out of or relating to the suspension or limitation of your access to the Platforms, Products and/or Services.
RETURNS & CANCELLATIONS
COPYRIGHT AND INTELLECTUAL PROPERTY
All content on our Platforms, including but not limited to the text, software, photographs and graphics, are protected by copyright owned by Optimi or its licensors.
Optimi or its licensors retain all proprietary rights, title and interest in the content on our Platforms, which shall include all modifications, enhancements, derivative works, configurations, translations and upgrades thereto.
Subject to the rights afforded to you herein, all other rights to all intellectual property on our Platforms are expressly reserved.
When you communicate with us via our Platforms and do not explicitly request a non-electronic communication medium, you consent to receiving communications from us electronically and agree that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
Any electronic communication or material you transmit to us via a public forum or which is not of a confidential nature, including but not limited to any questions, comments, suggestions or the like, will be treated as non-confidential unless the contrary is expressly agreed in writing.
Any electronic communication by us, intended solely for the use of an intended recipient, shall be regarded as confidential.
The views expressed in any electronic communications transmitted via our Platforms are those of the individual sender, unless the context clearly provides otherwise.
No data message shall be deemed to have been received by us until the complete data message enters our electronic data message server and is capable of being retrieved and processed by the addressee.
The Platforms, Products and/or Services are provided “as is”. While we endeavour to ensure that the information on our Platform, in our Products and/or Services are accurate and complete, we DO NOT make any warranty or guarantee (whether express or implied):
- As to the quality, timeliness, operation, integrity, availability or functionality of the Platform, Products and/or Services or as to the accuracy, completeness or reliability of any information on the Platform, Products and/or Services;
- As to merchantability, fitness for a particular purpose, completeness, or non-infringement in respect of the Platform, Products and/or Services;
- That our Platforms, Products and/or Services shall operate timely, continuously, without interruptions or be error-free;
- That our Platforms, Products and/or Services are free of infection, virus or other code that has contamination or destructive properties.
- If any such representations, warranties or guarantees are made by our representatives, and we shall not be bound thereby.
The use of the Platforms, Products and/or Services is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Platforms, Products and/or Services or reliance on any information on the Platforms, Products and/or Services. We shall not be liable to you or to any other person for any indirect, consequential or incidental loss or other damages, whether direct or indirect, arising out of or relating to: loss of data, loss of income, loss of opportunity, lost profits, costs of recovery or any other damages, however caused.
To the maximum extent possible under the applicable law, we disclaim liability for any claim, loss, injury or damage arising out of or in connection with the use of the information, Products and/or Services available from, or through, our Platforms.
There may be security, transmission or other risks associated with the use of our Platforms, Products and/or Services and you expressly agree to assume any and all such risks.
We does not screen the content found on our Platforms and does not accept any liability for illegal, defamatory or obscene content.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products and/or Services on the Platform. However, should there be any errors of whatsoever nature on the Platform (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns & Cancellations Policy.
THIRD PARTY WEBSITES
Any failure or delay by Optimi to exercise or enforce any right or provision of the Agreement shall in no way constitute a waiver of such right or provision.
DOMICILIUM AND INFORMATION DISCLOSURE
The following information is disclosed in terms of Section 43 of the Electronic Communications And Transactions Act, Act 25 of 2002:
Optimi Holdings (Pty) Ltd
PN de Waal, A Mellet, S Botha, W Pretorius, L Ramiah (non-executive), A Moloisane, J Liebenberg
Place of registration
116 Witch-Hazel Avenue, Highveld Technopark, Centurion 0157.
116 Witch-Hazel Avenue, Highveld Technopark, Centurion 0157.