|
Privacy & Disclaimer
-------------------------------------------------------------------------------------------------------------------------------------------------------------------- By accessing or using any functionality on this website ("the
site") you, the customer, enters into the following agreement
with The Internet Phone Company a division of Real Time Travel
Connections Pty. Ltd. Reg No. 95/03954/07 ("we" or "TIP" or "us"):
1. Price The total price of a product (the "purchase price")
includes Value Added Tax ("VAT") and excludes
the shipping cost. Incorrest prices could be displayed
from time to time, you agree that we cannot be obliged to sell
a product at such price. Unless otherwise stated, all
prices displayed on the site are inclusive of VAT. We reserve
the right to discount prices for specific promotions or on-line
communities.
2. Product requests - We may provide a "product request" service
from time to time in terms whereof we will use our best endeavours
to source products on your behalf from other suppliers. A product
request is not an order but merely a request for us to provide
you with assistance in locating a particular product.
Although every effort will be made to source the requested product,
we do not guarantee the availability or existence of any product
and we reserve the right to decline any product request without
giving reasons. Once in receipt of a product request we will
contact the relevant supplier to establish stock availability
and pricing. All product requests will be confirmed with you
telephonically or via e-mail. Products will only be ordered on
payment of the purchase price.
3. Availability of products - You accept that the display of
products is not necessarily a guarantee of the availability of
a product and that certain products may not be in stock at the
time of submitting your order and delivery may therefore be delayed.
However, such delays shall not entitle you to withdraw your order
unless we agree with you in writing that the duration of delay
is unreasonable.
4. Right of withdrawal The provisions of this clause shall only
become operative on enactment of the Electronic Communications
and Transactions Act, 2001. If you
qualify as a consumer as defined in the ECT Act, you may cancel
the transaction at any time within 8 days of date of receipt
of the product and receive a refund of the purchase price paid.
To do this, you must inform us in writing and return the products
without delay, in the same condition and packaging you received
them and at your own cost and risk.
You will, however, not be entitled to exercise the above right
of withdrawal in respect of a transaction : (a) for the provision
of services if performance has begun, with your consent, before
the end of the seven day period referred to above; (b) for the
supply of goods or services the price of which is dependent on
fluctuations in the financial market which cannot be controlled
by us; (c) for the supply of computer software which was unsealed
by you.
5. Returns, refunds and exchanges - Your return of goods will
be governed by the returns, refund and exchange policy made available
on the site from time to time. Please note that if you return
goods you will still have to pay for the shipping costs.
(Click here to view our Returns Policy)
6. Privacy - Our treatment of your personal information is outlined
in our privacy policy available on the site from time to time.
7. Security Policy - While we employ security features, processes
and procedures on the site which are in accordance with or higher
than accepted industry standard and use 128 bit encryption technology,
we cannot guarantee the security of the information you transmit
to us. Notwithstanding various precautions taken by us, you accept
that transmitting information over the Internet may be subject
to unlawful access or monitoring and that we are not liable for
any loss, harm or damage which you may suffer as a result of
this.
To enjoy full functionality and all the security features available
on the site you require the browser and version thereof as specified
on the site from time to time. If you do not have the specified
browser then you might not enjoy the full functionality or security
features made available on the site, in which case you acknowledge
and accept that the site may fail to function properly and you
accept all risks related to this.
8. Complaints & disputes - Any complaints and queries which
you may have should be directed to our customer service division
at the toll free number specified on the site from time to time.
If the complaint cannot be resolved with 10 (ten) business days
after having been referred to the customer service division,
the dispute will be referred to arbitration in terms of the rules
of the Arbitration Foundation of South Africa (AFSA).
The arbitrator shall be appointed by AFSA and the unsuccessful
party shall pay the costs of arbitration. Only you and your representative(s)
and Real Time Travel Connections and its representative(s) may attend
the arbitration. Both you and Real Time Travel Connections shall keep
the fact that a dispute has arisen, the record of the arbitration
proceedings as well as the arbitrator's decision, confidential.
Notwithstanding the above provisions, we retain the right to
institute action in any court of law with jurisdiction to obtain
urgent, interim relief or to collect outstanding debts due and
payable by you.
Please note that we subscribe to the Advertising Standards Authority's
code of conduct.
9. Deemed originator - You warrant to us that: all your given
details are true and correct; you are legally capable of concluding
the transaction and you have read, understood and accepted the
terms of this agreement. As it is impossible for us to verify
the originator of an instruction, you hereby authorise us to
act on any instruction purporting to originate from you, even
if it transpires that both of us been defrauded by someone else,
unless you have informed us to the contrary prior to us acting
on a fraudulent instruction.
10. Availability of site - TIP may, in its sole discretion, at
any time suspend or terminate the operation of the site or any
of the services provided via the site or advertised on the site,
without prior notice to you and without the need to provide you
with reasons.
11. Exclusion & limitation of liability - NEITHER TIP, ITS
HOLDING COMPANY, ITS SUBSIDIARIES, ASSOCIATES, AFFILIATES OR
THEIR SHAREHOLDERS, CONSULTANTS OR EMPLOYEES WILL BE LIABLE FOR
ANY DAMAGES RELATING TO THE USE OF THIS SITE, IRRESPECTIVE OF
THE CAUSE OF YOUR LOSS. WITHOUT AFFECTING THE FOREGOING, WE ARE
NOT BE LIABLE FOR: (A) ANY INTERRUPTION; MALFUNCTION; DOWNTIME
OR OTHER FAILURE OF THE SITE, COMPUTER SYSTEMS FOR WHATEVER REASON;
(B) ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE
OF GOODS OR SERVICES PROVIDED BY 3RD PARTIES, INCLUDING, WITHOUT
LIMITATION, PUBLIC SWITCHED TELECOMMUNICATION SERVICE PROVIDERS,
INTERNET SERVICE PROVIDERS, ELECTRICITY SUPPLIERS, LOCAL AUTHORITIES
AND CERTIFICATION AUTHORITIES; OR (C) AN EVENT OF FORCE MAJEURE
OR ANY OTHER EVENT OVER WHICH WE HAVE NO DIRECT CONTROL.
12. Intellectual property - TIP owns or has been licensed to
use all the intellectual property rights in all the material
on the site which includes, but is not limited to, copyright,
trade marks rights in the brands, logos, graphics, photographs,
product and price information which is displayed on the site
from time to time. You may not use this material for any commercial
purposes whatsoever. You may only use such material for using
or considering Real Time Travel Connections products or services.
You are allowed to view and download one copy of the material
to your computer.
13. Linking to 3rd party sites - Hyperlinks to the websites of
other persons or businesses are provided at your own risk. You
acknowledge that the websites attached to these hyperlinks are
beyond our control and that we do not endorse, warrant or make
any representations about the content, products, services, security
or reliability of that website.
14. No representations or warranties - The site and the information
on the site are provided "as is" and we do not make
any express, implied representations or warranties with regard
thereto. Without limiting the generality of the foregoing, we
disclaim all implied warranties in respect of merchantability
or fitness for a particular purpose. TIP not warrant that the
site or the information on the site: (a) will be error free;
(b) will meet any particular criteria of accuracy, completeness
or reliability, performance or quality; or (c) will be free of
viruses or any other data or code which has the ability to corrupt
or adversely affect the operation of your computer, data or network.
15. Right to amend this agreement - We reserve the right to amend
these terms and conditions at any time. All amendments to these
terms will be posted on the site ("the current version").
Whenever you access the site you will be bound to the current
version. You may terminate this agreement by written notice to
us if you do not wish to be bound by the current version. Continued
use of this site will be deemed to constitute acceptance of the
current version. Unless otherwise stated the current version
shall supersede and replace all the previous versions of the
terms and conditions. A print-out signed by the webmaster responsible
for maintaining this site will serve as prima facie proof as
to the date of publication and content of the current version.
16. General
Severability: : If any of the provisions of these online terms
are not fully enforceable for any reason, the remainder will
nevertheless continue to apply.
Jurisdiction and governing law: Unless otherwise specified, the
goods and services offered on this site are intended for citizens
of the Republic of South African only. The online terms shall
be governed by and interpreted according to the laws of the Republic
of South Africa without giving effect to any principles of conflict
of law.
Notices and address for service: For purposes of these online
terms Real Time Travel Connections will receive legal service of any
formal notices or court process at the physical address specified
on its website from time to time and you agree to receive same
at your specified address.
|