Terms and Conditions
Website Terms and Conditions
UBU SOUTH AFRICA (PTY) LTD
WEBSITE TERMS AND CONDITIONS
Thank you for visiting our Website.
The following are the terms and conditions which govern our Website.
PLEASE NOTE FURTHER THAT if you have not read, understood or agreed with the Terms and Conditions, as published on our Website from time to time, you MUST immediately refrain from accessing and/or using and/or posting ubuinternational.com and/or related mobi-sites and software applications.
Should you be unable to understand the contents of these Terms and Conditions or any other terms and conditions published on our site or have any queries please contact us on firstname.lastname@example.org.
Before you are entitled to use any of our services or products, you must register with us and we must accept your registration.
We may accept or reject your registration at our sole discretion and judgment without giving reasons.
PLEASE NOTE THAT for each service and product we offer, separate terms and conditions apply. If there is any difference between these Terms and Conditions and the specific terms and conditions of any service or product, those specific terms and conditions will apply.
Capacity to enter into agreements
You warrant to us that you are legally capable of agreeing to these Terms and Conditions and any other relevant terms and conditions as published on this Website from time to time.
If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use this Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
Your use of our Website
You agree that you will not in any way 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 in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify this Website or the information contained herein, without the prior written consent from us.
You may not at any time attempt or actually alter, reverse-engineer, modify, circumvent, amend, tamper with or change any part of this Website and/or any security features of this Website.
You may not use this Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You agree not to:
- use this Website for illegal or inappropriate purposes;
- interfere with or disrupt the proper operation of this Website;
- attempt to gain unauthorised access to this Website, system or any other part of this Website you do not have access rights to;
- convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature.
Types of information on our Website
All information contained on this Website, or any related site, is only intended to provide you with general information about us, our products, our services and our vision. Nothing on this Website should be construed or made out to be as an offer to you.
All information is provided “as is” and you should not rely on such information or treat it as advice. You should always consult with an appropriate person before doing anything based on any information on this Website.
Your privacy and security
We take your privacy and security of personal information very seriously.
By entering any and all personal information on this Website, registering with the Website, creating an account, making a purchase or by accepting this agreement, you consent to the processing of your personal information by UBU in terms of the Protection of Personal Information Act.
Should you decide to register as a user on our Website, we may require you to provide us with personal information which includes but is not limited to –
- your name and surname;
- your email address;
- your physical address;
- your mobile number; and
- your date of birth.
Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
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.
Subject to what is said below, we will not, without your express consent, use your personal information for any purpose other than as set out below:
- in relation to the ordering, sale and delivery of goods or services;
- to contact you regarding current or new goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
- to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
- to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website.
Subject to what is said below, we will not, without your express consent, disclose your personal information to any third party other than to:
- our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of goods or services or when delivering goods or services to you, and thus need to know your personal information in order to assist them to communicate with you properly and efficiently;
- our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
- law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
- our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
- our third party service providers, in order for them to liaise directly with you regarding any faulty goods or services you have purchased which requires their involvement; and
- our third party service providers for purposes of sending you an invoice for any goods or services purchased from such third party service providers.
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, we are entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
We will –
- treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
- 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;
- provide you with access to your personal information to view and/or update personal details;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
We will not retain your personal information for 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.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
Linking to Third-Party Websites
This Website may contain links or references to other websites (“Third Party Websites“) which are outside of our control, including those of advertisers.
These Terms and Conditions do not apply to those Third Party Websites and we are not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
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.
We do not give any warranty about any other website, software or hardware, including their security or performance.
Risk of sending information over the Internet
There is always a risk when sending information over the internet.
We take all reasonable steps to limit these risks, however, we cannot stop all illegal activities. We are not responsible for any loss or damage you may suffer as a result of sending information over the internet.
Our Intellectual Property
The contents of this Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content“) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of UBU South Africa (Pty) Ltd, its advertisers and/or sponsors and/or is licensed to us.
You will not acquire any right, title or interest in or to this Website or the Website Content.
You may view such content and copy it onto a computer or other device or storage media and you may print and make paper copies of it, but only if:
- it is for the purposes of deciding or using our services or products;
- it is not used for any commercial purposes; and
- any copy of the content from any part of our Website must show our copyright notice.
Where any of the Website Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Changes to these Terms and Conditions
We may, at our sole discretion, change any of these Terms and Conditions at any time.
It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not continue to use the Website in any way.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
A certificate (letter) signed by the administrator of this Website is prima facie proof of the date and content of the latest and any previous versions of these Terms and Conditions and other Terms and Conditions published on this Website from time to time.
Availability, Closing, Suspending or Limiting the Website
We will use reasonable endeavours to maintain the availability of the Website, except for during scheduled maintenance periods.
We may, however, change, limit the functions, suspend or close the Website temporarily or permanently without providing you with notice of our intention to do so.
We make no express or implied representation or warranty:
- that the Website will be available for access at all times, or at any time on a continuous uninterrupted basis;
- as to the operation, quality or functionality of the Website;
- that the Website will be free of errors or defects; and
- that the Website is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property.
Disclaimer and limitation of responsibility
We cannot be held liable for any inaccurate information published on this Website and/or any incorrect prices or descriptions displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of us, our employees, agents or authorised representatives.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY UBU SOUTH AFRICA (PTY) LTD AND ANY OF ITS ASSOCIATED COMPANIES 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.
How disputes will be resolved
Any dispute related to this Website or any of our services or products will be decided by arbitration unless either party applies for urgent action against the other.
Any arbitration will be held and dealt with in terms of the rules of the Arbitration Foundation of South Africa.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
Your continued use of this 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.
In the event of any dispute arising between you and us, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.
We hereby select Gottschalk Attorneys, Building 1, 152 Bryanston Drive, Bryanston, Johannesburg, South Africa, 2191, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address“). We may change this address from time to time by updating these Terms and Conditions.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English.
All notices sent –
- by hand, will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
- by email, will be deemed to have been received on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
For the purposes of the Electronic Communications Act 25 of 2002, UBU South Africa (Pty) Ltd information is as follows, which should be read in conjunction with its service and product descriptions and other terms and conditions contained on the Website:
- Full name: UBU South Africa (Pty) Ltd, a private company registered in South Africa with registration number 2019/396459/07
- Main business: Marketing and Advertising
- Physical address for receipt of legal service (also postal and street address): Building 1, 152 Bryanston Drive, Bryanston Johannesburg, South Africa, 2192 (marked for attention: Gottschalk Attorneys)
- Office bearers: Gottschalk Attorneys
- Phone number: +27 64 815 9876
- Email address: email@example.com
- Website: https://ubuinternational.com/.
We, at our sole discretion, at any time and for any reason and without prior written notice, may suspend or terminate the operation of this Website or the user’s right to use this Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or us to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
The headings in these Terms and Conditions are only for information. They are not to be considered when interpreting any clause in these Terms and Conditions.