TABLE OF CONTENTS
1. DEFINITIONS 2
2. GENERAL INFORMATION 3
7. MEANS OF ACCESS 6
10. GENERAL 12
Sales terms 12
1.1 In these website terms and conditions and privacy notice ("Terms and Conditions"), the following words and expressions shall bear the meanings assigned to them below and cognate words and expressions bear corresponding meanings -
1.1.1 "Applicable Laws" - any applicable laws, by-laws, statutes, rules, regulations, subordinate legislation, ordinances, notices, notifications, directions, restrictions, or other requirements or directives of national, provincial, and local governments and the common law in all cases only to the `extent that they have the force of law, as interpreted in any judgments, and implemented by the Relevant Authority in question, including without limitation, the CPA, POPIA, ECTA and the GDPR;
1.1.2 "Competent Person" - anyone who is legally competent to consent to any action or decision being taken for any matter concerning a minor, such as a parent or legal guardian;
1.1.3 "Company" - Koin International DMCC, a limited liability company organised and existing under the laws of UAE under number DMCC49822 as well as any affiliates and related companies;
1.1.4 "Content" - text, graphics, games, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and any other content available to you pursuant to your use of or access to the Website, the Sales Platform and/or the Services;
1.1.5 "CPA" - the South African Consumer Protection Act 68 of 2008, as may be amended from time to time;
1.1.6 "Data Processor" - includes -
126.96.36.199 "Data Processors" as it is defined in the GDPR; and
188.8.131.52 "Operators" as it is defined in terms POPIA;
1.1.7 "Data Protection Officer" - "Data Protection Officer" as it is defined in the GDPR;
1.1.8 "ECTA" - the South African Electronic Communications and Transactions Act 25 of 2002, as may be amended from time to time;
1.1.9 "GDPR" - the General Data Protection Regulation (EU) 2016/679, as may be amended from time to time;
1.1.10 "Means of Access" - a User's account, registration, and log-in details, including a username and password;
1.1.11 "Person" or "Entity" - includes any natural or juristic person, association, business, close corporation, company, concern, enterprise, firm, partnership, joint venture, trust, undertaking, voluntary association, body corporate, and any similar entity, in any jurisdiction;
1.1.12 "Personal Data" - includes -
184.108.40.206 "Personal Data" as it is defined in the GDPR; and
220.127.116.11 "Personal Information" as it is defined in POPIA;
1.1.13 "Personnel" - shareholders, officers, directors, employees, contractors, agents, representatives, business partners, vendors, clients, licensors, and advisors;
1.1.14 "POPIA" - the South African Protection of Personal Information Act 4 of 2013, as may be amended from time to time;
1.1.15 "Relevant Authority" - any competent court or regulatory or other authority, or any local, provincial, or national governmental authority, body, or department or any inter-governmental or supra-national organisation or any self-regulatory authority, body or organisation;
1.1.16 "Sales Platform" - the Company's internet-based sales system;
1.1.17 "Services" - the online services rendered by the Company to Users via the Company's Sales Platform accessible on the Company's Website, including the ordering, sale and delivery of any goods;
1.1.18 "South Africa" - the Republic of South Africa;
1.1.19 "UAE" - United Arab Emirates;
1.1.20 "User", "you" - the user of the Company's Services, including any Person making use of the Website on such user's behalf or otherwise via such user's Means of Access;
1.1.21 "USD" - the lawful currency of the United States of America, being the United States Dollar;
1.1.22 "Website" - the Company's website located at the domain name www.koininternational.com which is predominantly used to facilitate a tender/auction process;
1.2 In these Terms and Conditions -
1.2.1 clause headings and the heading of these Terms are for convenience only and are not to be used in its interpretation;
1.2.2 an expression which denotes -
18.104.22.168 any gender includes the other genders;
22.214.171.124 a natural Person includes a juristic Person and vice versa;
126.96.36.199 the singular includes the plural and vice versa;
1.2.3 the words "include" and "including" mean "include without limitation" and "including without limitation". The use of the words "include" and "including" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it;
1.2.4 the words "shall" and "will" and "must" used in the context of any obligation or restriction imposed have the same meaning;
1.2.5 words and expressions defined in any clause shall, unless the application of any such word or expression is specifically limited to that clause, bear the meaning assigned to such word or expression throughout these Terms; and
1.2.6 where figures are referred to in numerals and in words, and there is any conflict between the two, the words shall prevail, unless the context indicates a contrary intention.
2.1 These Terms and Conditions constitute a binding legal agreement between you and the Company, which govern a User's use of or access to the Website. These Terms and Conditions are binding and enforceable against every User that accesses or uses the Website. In accordance with the Applicable Laws, to the extent applicable, any provisions that limit the risk or liability of the Company, create risk or liability for the User, compel the User to indemnify the Company or a third party, and/or serve as an acknowledgement by the User of a fact, shall appear in bold.
2.2 The Company may, from time to time, offer certain Services via the Website which are subject to payment of the applicable fees by the User, and/or require payment of a fee by User for existing Services. The applicable fees shall be indicated on the Website, alternatively, by notice to you, and may vary from time to time. The User shall be solely responsible to verify the applicable fees each time the User accesses and uses the Website.
3.1 BY MAKING USE OF THIS WEBSITE, THE SALES PLATFORM, AND/OR THE SERVICES -
3.1.1 YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND EXPRESSLY AGREE AND CONSENT TO THESE TERMS AND CONDITIONS (INCLUDING ANY PROVISION RELATING TO DATA PRIVACY, LIMITATION OF LIABILITY AND INDEMNITY) WHICH HAVE BEEN SPECIFICALLY DRAWN TO YOUR ATTENTION. YOU FURTHERMORE ACKNOWLEDGE THAT YOU HAVE BEEN PROVIDED WITH AN ADEQUATE OPPORTUNITY IN THE CIRCUMSTANCES TO RECEIVE AND COMPREHEND THESE TERMS AND CONDITIONS PRIOR TO THE EARLIER OF YOU -
188.8.131.52 HAVING ENTERED INTO THE TRANSACTION OR AGREEMENT WITH US; OR
184.108.40.206 BEING EXPECTED TO OFFER CONSIDERATION FOR THE TRANSACTION OR AGREEMENT IN QUESTION.
3.1.2 IF YOU DO NOT AGREE OR CONSENT TO ANY OR ALL OF THE TERMS AND CONDITIONS SET OUT IN THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, DISPLAY, USE, DOWNLOAD, UTILISE OR OTHERWISE COPY OR DISTRIBUTE CONTENT OBTAINED PURSUANT TO YOUR USE OF THE WEBSITE, THE SALES PLATFORM AND/OR THE SERVICES.
3.1.3 YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR THE ACTIONS AND OMISSIONS PERFORMED BY ANY PERSON MAKING USE OF THE WEBSITE ON YOUR BEHALF OR OTHERWISE VIA YOUR MEANS OF ACCESS TO THE WEBSITE. THE USER SHALL PROCURE THAT SUCH PERSONS COMPLY WITH THESE TERMS AND CONDITIONS.
3.1.4 YOU WARRANT THAT YOUR USE OF THE WEBSITE, THE SALES PLATFORM AND/OR THE SERVICES WILL BE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, THE APPLICABLE LAWS AND WITHOUT BREACH OF THE RIGHTS OF ANY THIRD PARTIES.
3.1.5 YOU DECLARE THAT YOU ARE OVER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU SHOULD REVIEW THIS AGREEMENT WITH A COMPETENT PERSON CAPABLE OF GIVING CONSENT. IF YOU ARE A PERSON GIVING CONSENT FOR A PERSON UNDER THE AGE OF MAJORITY, YOU HEREBY CONFIRM THAT YOU HAVE THE AUTHORITY TO GIVE SUCH CONSENT.
3.1.6 THE COMPANY RESERVES THE RIGHT TO REFUSE THE SERVICES, TERMINATE ACCOUNTS, REMOVE OR EDIT CONTENT, OR CANCEL ORDERS IN OUR SOLE DISCRETION SHOULD YOU BE FOUND TO BE IN CONTRAVENTION OF THE ABOVE.
3.1.7 YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY RESERVES THE RIGHT TO SUSPEND AND PERMANENTLY BLOCK YOUR ACCESS TO THE WEBSITE, THE SALES PLATFORM AND/OR THE SERVICES FOR ANY REASON INCLUDING WITHOUT LIMITATION:
220.127.116.11 IN CASE OF ACTUAL OR REASONABLY SUSPECTED BREACH BY YOU OF THESE TERMS AND CONDITIONS;
18.104.22.168 IN CASE OF AN ATTACK ON THE WEBSITE OR ANY OF ITS RELATED ANCILLARY TELECOMMUNICATION EQUIPMENT, INTERNET CONNECTIONS, OPERATING SYSTEMS, AND INTERNET BROWSERS;
22.214.171.124 IF LEGALLY REQUIRED BY ANY APPLICABLE LAWS;
126.96.36.199 SO AS TO AVOID OR MITIGATE ANY DETRIMENTAL IMPACT ON THE COMPANY, OR ANY USER;
188.8.131.52 IN CASE OF BREACH BY A USER OF THESE TERMS AND CONDITIONS;
184.108.40.206 IN CASE OF FRAUDULENT PRACTICES BY A USER; AND/OR
220.127.116.11 FOR PURPOSES OF WEBSITE MAINTENANCE.
Please note that these Terms and Conditions may be changed from time to time. You are advised to regularly review these Terms and Conditions for any possible changes. If we make any significant changes to these Terms and Conditions, we will notify you. Without derogating from the foregoing, we reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions, at any time and without prior notice to you. Any changes will become effective immediately upon the earlier of publication on our website and notification to you unless we advise otherwise. Your continued use of the Services following any changes made by us thereto will mean that you accept and agree to the changes.
5.1 The Company provides certain information on the Website. Content displayed on the Website is provided by the Company or any other third-party owners of the Content. All the proprietary works, industrial property rights, know-how and the compilation of the proprietary works, belong to the Company, or any third-party owners of the rights and its affiliates, subsidiaries and inter-related entities (collectively, the "Owners").
5.2 Provided that you comply with these Terms and Conditions, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable (reversible) limited privilege to access, use and download Content for your own, admissible professional purposes in accordance with these Terms and Conditions. The Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of the Owners. The license or privilege does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another Person. The User may not frame the Website or the Content without the express written consent of the Company. Any unauthorised use terminates this license or privilege.
5.3 The User shall take all necessary measures to protect and ensure that the Company's intellectual and industrial property rights are protected. Without prejudice to any rights the User may have under any Applicable Laws relating to the protection of computer programs of which cannot be contractually deviated, the User may not:
5.3.1 modify, translate, or adapt the Website in any way;
5.3.2 decompile or disassemble the Website in any way;
5.3.3 copy the Website in any way;
5.3.4 pass on, dispose of, grant as a sub-license, lease, lend or distribute the Website or documentation in any way to third parties;
5.3.5 create any product or service substantially similar to the Website; and/or
5.3.6 copy any ideas, characteristics and/or functions of the Website.
Company: Koin International DMCC
Address: 43A Almas Tower
Jumeirah Lakes Towers
Dubai, United Arab Emirates
Company registration details: DMCC49822
7.1 To use or access some of our Services, you may be required to create an account to obtain Means of Access. Any information submitted as part of the registration process must be accurate and complete. You are solely responsible for activity that occurs on your account. You should keep your password confidential and notify us immediately of any unauthorized use of your account.
7.2 To the extent that any Means of Access are supplied to the User, such Means of Access are supplied in the sole discretion of the Company. The Means of Access are strictly personal, and the User is responsible for the safeguarding, confidentiality, security of the same. The User undertakes to take all steps to prevent any unauthorised third party from gaining knowledge and making use thereof.
7.3 The User shall not transfer or sell any Means of Access to any third party, except Users who are duly authorised to act on its behalf.
7.4 The User will notify the Company immediately by email of the loss, theft, breach of confidentiality or any risk of misuse of the Means of Access. The User is fully and unconditionally responsible for any use of the Website or the Sales Platform; any transactions entered into; and any detrimental consequences that may arise directly or indirectly therefrom.
7.5 The Company may in its sole discretion and for whatever reason, without prior notice, suspend access to the Website, the Sales Platform and/or the Services.
7.6 The Company reserves the right to refuse access to a User using Means of Access when a session is already open on another computer where another User is using the same Means of Access.
8.1 TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, ONLY WHERE APPLICABLE,
8.1.1 THE WEBSITE AND THE CONTENT, ARE PROVIDED ON AN "AS IS WHERE IS" BASIS, AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS; AND
8.1.2 THE COMPANY AND ITS PERSONNEL SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGE, OR LOSS OR LIABILITY OF ANY NATURE WHATSOEVER (AND HOWSOEVER ARISING) AS A RESULT OF ANY ACTION OR OMISSION IRRESPECTIVE OF WHETHER SUCH ACTION WAS AS A RESULT OF THE COMPANY'S NEGLIGENCE OR GROSS NEGLIGENCE.
8.2 THE COMPANY MAKES NO WARRANTY OR REPRESENTATION AS TO THE AVAILABILITY, ACCURACY OR COMPLETENESS OF THE CONTENT, OR ANY THIRD-PARTY CONTENT ACCESSIBLE VIA AN INTERNET LINK.
8.3 THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE OF ANY KIND, RELATED TO THE USE OF, OR THE INABILITY TO ACCESS OR USE THE CONTENT OR THE WEBSITE OR ANY FUNCTIONALITY, OR OF ANY LINKED WEBSITE TO THE EXTENT PERMISSIBLE BY LAW. THE COMPANY DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED OR ERROR-FREE USE OF THE WEBSITE. THE USER ACKNOWLEDGES THAT DUE ITS ONLINE NATURE IT IS NOT POSSIBLE TO AVAIL THE SAME ERROR-FREE AND UNINTERRUPTED.
8.4 IN THE EVENT THAT ANY LINKS (“EXTERNAL LINKS”) TO OTHER THIRD-PARTY WEBSITES (“EXTERNAL SITES”) ARE POSTED BY THE COMPANY ON THE WEBSITE, SUCH EXTERNAL LINKS ARE POSTED FOR THE USER’S EASE OF USE. IN THE EVENT A USER ACCESSES AN EXTERNAL SITE FROM THE WEBSITE THE USER DOES SO ENTIRELY AT ITS OWN RISK.
8.5 SUBJECT TO ANY APPLICABLE LAWS, WHERE APPLICABLE, THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER TO:
8.5.1 CONDUCT A DUE DILIGENCE IN RESPECT OF THE EXTERNAL SITES OR EXTERNAL LINKS; OR
8.5.2 MAKE ANY REPRESENTATIONS OR WARRANTIES IN RESPECT OF THE EXTERNAL SITES AND EXTERNAL LINKS.
8.6 The User warrants, represents and undertakes in favour of the Company and/or its Personnel that -
8.6.1 it will not use, the Website and/or the Sales Platform to -
18.104.22.168 download, send, or disseminate data containing viruses, worms, spyware, malware, or any other similar malicious programs;
22.214.171.124 carry out any calculations, operations or transactions that may interrupt, destroy, or restrict the functionality of the operation of the Website, the Services, or any program, computer or means of telecommunications; and
126.96.36.199 submit any information or materials which infringe third-party rights, are libellous, obscene, threatening or otherwise unlawful; and
8.6.2 it is responsible for the choice, purchase and operation of the hardware, software and/or telecommunication services required to connect with and to use the Website. Such hardware, software and/or telecommunication services need to meet the minimum requirements as may be specified from time to time on the Website. The User is responsible for the installation and related costs of purchasing and/or licensing such hardware, software and/or telecommunication services. THE COMPANY SHALL NOT BE LIABLE FOR HARDWARE, SOFTWARE, PRODUCTS AND SERVICES OF THIRD PARTIES, SUCH AS TELECOMMUNICATION EQUIPMENT, INTERNET CONNECTIONS, OPERATING SYSTEMS, AND INTERNET BROWSERS.
8.7 SUBJECT TO ANY APPLICABLE LAWS, ONLY WHERE APPLICABLE, THE USER HEREBY INDEMNIFIES THE COMPANY, THE OWNERS, AND/OR THEIR PERSONNEL (COLLECTIVELY THE "INDEMNIFIED PERSON/S", OR WHERE THE CONTEXT REQUIRES, ANY OF THEM), HEREBY AGREEING TO HOLD THE INDEMNIFIED PERSONS HARMLESS ON FIRST WRITTEN DEMAND AGAINST ANY AND ALL LIABILITY HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO ANY AND ALL LEGAL PROCESS, CLAIMS, DEMANDS, PROCEEDINGS OR JUDGEMENTS (COLLECTIVELY "CLAIMS") AND ANY AND ALL LOSSES, LIABILITIES, DAMAGES COSTS, CHARGES AND EXPENSES (COLLECTIVELY "LOSSES") WHICH AN INDEMNIFIED PERSON MAY INCUR OR SUFFER AS A RESULT OF ANY CLAIM OR LOSSES OF WHATSOEVER NATURE AND IN WHICHEVER JURISDICTION, WHICH MAY BE INSTITUTED, MADE OR ALLEGED AGAINST, OR SUFFERED OR INCURRED BY AN INDEMNIFIED PERSON AND RELATE TO OR ARISE FROM, DIRECTLY OR INDIRECTLY, THEIR USE OF THE WEBSITE, THE SALES PLATFORM AND/OR THE SERVICES INCLUDING -
8.7.1 a breach of the warranties and undertaking given at clause 8.6 hereof;
8.7.2 any information submitted through the User's access to the Website, or otherwise (including information submitted erroneously, or which should have not been submitted); and/or the actions of any third party who gains access to or otherwise makes use of the Website through the User's Means of Access;
8.7.3 the use or loss of the User’s Means of Access details;
8.7.4 modifications made to the Website;
8.7.5 the use of the Website in a manner that does not correspond with these Terms and Conditions;
8.7.6 any suspended, refused or permanently blocked Means of Access; or
8.7.7 any exercise by the Company of its discretionary decision making under these Terms and Conditions.
8.8 WITHOUT DEROGATING FROM THE FOREGOING, AND SUBJECT TO ANY APPLICABLE LAWS, ONLY WHERE APPLICABLE, THE INDEMNIFIED PERSONS SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING THE USER) IN ANY WAY WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE FOR -
8.8.1 ANY TECHNICAL OR OTHER MALFUNCTIONS OF THE OPERATION, FUNCTIONALLY, AVAILABILITY, CONNECTION OR COMMUNICATION WITH THE WEBSITE;
8.8.2 ANY LOSS OF WHATSOEVER NATURE HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION BY REASON OF A USER FAILING TO PARTICIPATE IN ANY SALE, REGARDLESS OF THE CAUSE OF SUCH FAILURE, INCLUDING WHERE CAUSED BY THE DEFAULT, NEGLIGENCE, OR GROSS NEGLIGENCE OF THE INDEMNIFIED PERSONS;
8.8.3 ANY PURE ECONOMIC LOSS, LOSS OF INCOME OR PROFITS, CONTRACTS OR BUSINESS OPPORTUNITIES OR ANY ANTICIPATED SAVINGS (WHETHER DIRECT OR INDIRECT) OR ANY LOSS OF GOODWILL OR REPUTATION, ANY COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND WHATSOEVER THAT MAY BE SUFFERED OR INCURRED BY SUCH PERSON DIRECTLY OR INDIRECTLY ARISING OUT OF THESE TERMS AND CONDITIONS; OR
8.8.4 ANY LOSS OR DAMAGE SUFFERED BY A USER WHILST IN THE VIEWING OFFICE, WHETHER THE INDEMNIFIED PERSONS WERE MADE AWARE OF OR SHOULD HAVE BEEN AWARE OF ANY SUCH LOSS OR DAMAGE OR NOT.
8.9 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, AND SUBJECT TO ANY APPLICABLE LAWS, WHERE APPLICABLE, TO THE EXTENT THAT ANY LIABILITY MAY BE PROVEN AGAINST THE INDEMNIFIED PERSONS HOWSOEVER CAUSED IN RESPECT OF ANY MATTERS ARISING AT ANY TIME IN CONNECTION WITH THESE TERMS SHALL NOT IN AGGREGATE, EXCEED A TOTAL OF USD 10 000.00 (TEN THOUSAND UNITED STATES DOLLARS)
This clause applies to the processing by the Company of all Personal Data of its Users relating to the use of the Services. It is applicable in circumstances where we act as a data controller, which for the purposes of this Privacy Notice, includes where we act as a "Responsible Party" in terms of POPIA ("Data Controller"). In other words, it applies to circumstances in which we determine the purposes and means of processing Personal Data.
At any time, we may collect, store, and use Personal Data including your full name, contact information, identity/passport details, financial information, age, credit information, address, username, password, login details and other Personal Data necessary for us to comply with any legal obligations and/or required for legitimate business purposes.
Your Personal Data is -
9.2.1 provided to us by you through the use of our Services; and/or
9.2.2 created by us in the course of your usage of our Services.
Your Personal Data is processed in order for us to provide the Services and perform any actions incidental thereto, including but not limited to purposes such as regulatory compliance, marketing, general communication, trade, complaints, feedback, customer verification, record maintenance, security purposes, human resources, and/or finance functions, among others.
The lawful bases which we rely upon in order to process your Personal Data include: consent; performance of a contract, compliance with a legal obligation, protection of the vital interests of a data subject, legitimate interest of Koin and/or a third party, among other reasons.
For the purposes of maintaining and managing a centralized user database, ensuring general governance, safety, and security, and for support (including regarding IT), your Personal Data will only be shared with and processed by Personnel that -
9.5.1 need to know the information in order to process it on yours and our behalf; and
9.5.2 have agreed in writing to non-disclosure restrictions at least as strong as those herein.
When a third party processes your Personal Data for or on behalf of the Company in terms of a contract or mandate it acts as a Data Processor. In line with the requirements of the Applicable Laws, we enter into an agreement with such Data Processors for the processing of Personal Data on our behalf. In such circumstances, we use our best endeavours to ensure that the Data Processor established and maintains reasonable technical and organisational measures to secure your Personal Data.
9.7.1 We do not retain your Personal Data any longer than is necessary for us to achieve the purpose for which the Personal Data is processed. We will only retain your Personal Data for so long as we have a lawful basis for doing so. In this context, we may keep your Personal Data for as long as your account is active and/or as is necessary for us to provide you with our Services in line with the purposes set out above.
9.7.2 If we are subject to any statutory retention periods, we will retain your Personal Data for the period specified by the law in question. The statutory retention period may vary depending on the type of data and the jurisdiction in question.
9.7.3 Notwithstanding the above, we may retain such Personal Data as is necessary for us to demonstrate that we have complied with our obligations above and for the length of any applicable limitation period for claims that might be brought against us.
9.7.4 In certain circumstances, we may anonymize (or de-identify) your Personal Data such that it can no longer be used to identify you, in which case we may use such Personal Data indefinitely and without further notice to you.
9.8 The Company will not sell or hire out the User’s personal data to third parties for marketing purposes. The Company uses this information solely and exclusively in the manner described in these Terms and Conditions.
9.9.1 Your Personal Data is stored securely on Google and Amazon Web Services servers, with physical copies of such Personal Data stored in Belgium and/or Dubai.
9.9.2 By making use of our Services, you are expressly and specifically consenting to the transfer of your Personal Data in accordance with these Terms and Conditions.
The Company has implemented appropriate technical, physical, and organisational measures to ensure the confidentiality, security, and integrity of your Personal Data and guard against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorised disclosure, or access, and against all other forms of unlawful processing (including, but not limited to unnecessary collection) or further processing. In the event of a data breach, we shall notify you and the relevant supervisory authority in accordance with the time periods and requirements (and subject to any qualification) set out in the Applicable Laws.
9.11.1 In addition to your rights relating to notification, communication, modalities for exercise, and transparency of information, you have the right to request access to your Personal Data, the right to have your Personal Data rectified or erased, the right to request the restriction of processing of your Personal Data, the right to data portability, the right to object to the processing, and the right to lodge a complaint, among others. It is important to bear in mind that many of these rights are not absolute and are subject to certain exceptions in law.
9.11.2 Below, we set out your rights in further detail and provide you with information as to how you may exercise these rights. Subject to any relevant period specified in the Applicable Laws, we will endeavour to respond to requests made pursuant to the exercise of your rights within one month but reserve the right to extend such period to two months if required. If we extend such period beyond one month, we will notify you as soon as reasonable possible.
9.11.3 Access: you are entitled to ask us if we hold and/or are processing your Personal Data and, if so, you may ask us to access a copy of your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to decide for yourself as to whether we comply with our obligations in terms of the Applicable Laws. If your request is clearly unfounded, excessive and/or unreasonable we reserve the right to charge a reasonable fee or refuse to comply with your request in such circumstances.
9.11.4 Correction: you are entitled to request that any incomplete or inaccurate Personal Data we hold about you be corrected.
9.11.5 Erasure: you are entitled to ask us to delete or remove Personal Data in certain circumstances. There are certain exceptions in which we may refuse a request for erasure, for example, where the Personal Data is required for us to comply with a legal obligation or in connection with the establishment, exercise, or defence of legal claims. As indicated elsewhere in this Privacy Notice, if we are asked to delete your Personal Data, we may retain such information as is necessary in order for us to demonstrate that we have complied with our obligations.
9.11.6 Restriction: you are entitled to ask us to suspend the processing of your Personal Data, for example if you would like us to confirm the veracity thereof or the reason for processing it.
9.11.7 Data portability: you may request the transfer of a copy of certain of your Personal Data to you or another party (if technically feasible). You have the right to ask that we provide your Personal Data in an easily readable format to another company.
9.11.8 Objection: where we are processing your Personal Data based on our legitimate interest, you may object to processing on this ground. However, it is important to note that the Applicable Laws may entitle us to continue processing your Personal Data based on our legitimate interests.
9.11.9 File a complaint: to the extent that you allege that there has been an interference with the protection of your Personal Data, you may file a complaint with the relevant supervisory authority, as set out below.
9.11.10 Marketing preferences: we may send you marketing communications about our services, via different channels such as phone, SMS, and third-party social networks, in accordance with the relevant marketing laws. When required by any Applicable Laws, we will obtain your consent before commencing with these activities and will cease to do so when you opt-out of such marketing by following the instructions in those communications or by emailing us at: firstname.lastname@example.org. In such cases, we may retain minimum Personal Data to demonstrate that you have opted out so as to avoid contacting you again. Please note that even if you opt-out from receiving marketing communications, we may still send you administrative communications, such as technical updates for our Services, order confirmations, notifications about your account activities, and other important notices.
Personal Data that we collect from you may be transferred to and stored at a destination outside of South Africa, Belgium or UAE (the "Relevant Jurisdictions") Your Personal Data may also be processed by personnel operating outside of the Relevant Jurisdictions who work for us or for one of our Data Processors. We will ensure reasonable technical and organisational measures are in place, in accordance with any Applicable Laws, so as to protect the privacy and integrity of your Personal Data in such circumstances. We will ensure that the third-party recipient of the Personal Data is subject to laws or an agreement with us which provides of the same level of protection to Personal Data as the Applicable Laws do. You can obtain information and a copy of documentation pertaining to the safeguards to which your Personal Information is subject to from the relevant Data Protection Officer (or Information Officer for the purposes of POPIA) at the details specified below.
Should you have any other questions or queries regarding the processing of your Personal Data, or should you wish to exercise any of the applicable rights afforded to you in terms of the Applicable Laws, please contact our Data Protection Officer (or Information Officer for the purposes of POPIA) at email@example.com. We will respond to your request as soon as practicable. We may request proof of identification to verify your request.
9.14.1 If you have any complaint about the way we process your Personal Data, you may lodge a complaint with a supervisory authority in the country of your residence, where you work or where an alleged infringement of the Applicable Laws took place. For a list of the relevant EU supervisory authorities and their contact details, kindly contact us at firstname.lastname@example.org .
9.14.2 With regard to South Africa, the relevant supervisory authority is the South African Information Regulator (the "Regulator"). Should you wish to file a complaint with the Regulator, you may do so in the prescribed manner and form. The Regulator's email address is: complaints.IR@justice.gov.za. The Regulator is furthermore situated at JD House, 27 Siemens Street, Braamfontein, Johannesburg, 2001. You may also visit the Regulator's website at www.justice.gov.za/inforeg for further information and to keep up to date with any data privacy developments in the context of South African law.
9.14.3 With regard to Belgium, further information is available on the website of the by the Belgian Commission for the Protection of Privacy (the "Commission"), Porte de Hal/Hallepoort, 5-8, 1060 Brussels. You may also visit the Commission's website at www.privacycommission.be.
9.15 Pursuant to a special request by the User to this end, all his/her data will be removed from the Company's databases.
9.16 As soon as a User registers and supplies his/her personal data, the User is no longer anonymous to the Company. The Company may request a User to provide contact and identification details, invoicing details and other personal data on the various forms spread over the website.
9.17 Where possible, the Company indicates what fields compulsorily have to be filled in and what fields are optional. The User may at any time elect not to supply information and opt not to use the Website or any services thereon including but not limited to the Sales Platform.
9.18 A registered User of the Website and Sales Platform hereby agrees to receive newsletters and updates from the Company. The User may at any time opt out of the Company’s mailing list by emailing email@example.com.
9.19 The Company automatically traces certain information based on User behaviour on the Website. The Company uses this information for internal research into the demographic data of the Website users, their interests and behaviour, in order to gain a better understanding of the Website use and to be able to provide a better service.
9.21 Subject to the privacy provisions of these Terms and the Applicable Laws, any material or information a User supplies shall be considered non-proprietary and not confidential.
There are additional terms and conditions related to Sales which can be accessed on the Company's Website.
Subject to the Applicable Laws, where applicable, these Terms will in all respects be governed by and construed under the laws of South Africa and the South African courts shall have competency. For the purposes of ECTA, the User hereby agrees that any agreement concluded pursuant to these Terms and Conditions will be treated as though it were concluded in South Africa. To the extent possible, the laws of the UAE will be read concurrently with the laws of South Africa. In the event of there being any inconsistency between the laws of the UAE and the laws of South Africa, the laws of South Africa will prevail to the extent of any inconsistency.
These Terms and Conditions constitute the whole of the agreement between the Company and the User relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term, or condition relating to the subject matter of these Terms and Conditions not incorporated in these Terms and Conditions shall be binding on the Company.
No latitude, extension of time or other indulgence which may be given or allowed by the Company to the User in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right by the Company arising from these Terms and Conditions and no single or partial exercise of any right by the Company under these Terms and Conditions shall in any circumstances be construed to be an implied consent or election by the Company or operate as a waiver or a novation of or otherwise affect any of the Company's rights in terms of or arising from these Terms and Conditions or estop or preclude any such the Company from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof. Failure or delay on the part of the Company in exercising any right, power or privilege under these Terms and Conditions will not constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
All provisions and the various clauses of these Terms and Conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as if it had not been written and the remaining provisions and clauses of these Terms and Conditions shall remain of full force and effect.
The rule of construction that these Terms and Conditions shall be interpreted against the Party responsible for the drafting of these Terms and Conditions, shall not apply.
The Company will not accept any counteroffers to these Terms and Conditions, and all such offers are hereby categorically rejected. No course of conduct between the Company and you or any other party shall be deemed to modify any provision of these Terms and Conditions, nor shall these Terms and Conditions be interpreted or construed to confer any rights or remedies on any third parties.
[Updated: 28 June 2022]