Terms of Use

PRO VENTURE PRODUCTS
TERMS AND CONDITIONS

Introduction

The Website is run by Pro Venture Products which is a private company based in Cape Town, South Africa with registration number ck2001\02776123 and provides a simple, efficient and safe way of shopping online.

Please read these terms and conditions carefully. By accepting these terms and conditions, or by proceeding to otherwise access the Website or make use of the Services, you will become bound to all of the terms and conditions outlined below.

You represent that you have the capacity to accept these terms and conditions, and if you are acting on behalf of an entity, that you have the authority to bind that entity. If you are under 18, you agree to only make purchases via the Website with the consent and involvement of your parent or legal guardian.

Interpretation

In these terms and conditions:

“Customer” means any legal person or entity who contracts with Pro Venture Products for any Products;
“Matter” means a legal matter, deal, case, project, online collaboration or discussion group which is conducted or managed through the Software;
“Products” means any goods purchased from Pro Venture Products;
“Services” means any action of helping or doing work for a Customer;
“User” means any person who accesses the Website and/or buys Products; and
“you” means the person accepting these terms and conditions, whether in your personal capacity as a User or in a representative capacity on behalf of a Customer.

In these terms and conditions, headings are used for reference purposes only and shall not affect the meaning of the clauses to which they apply. References to persons include an individual, a body corporate and an unincorporated association of persons.

Reference to the singular includes the plural and vice versa and reference to natural persons includes legal persons and vice versa.

A reference to a Party includes that Party's successors and permitted assigns unless the context indicates otherwise.

Where any number of days is prescribed in this Agreement, same shall be deemed to be a reference to Business Days in the Republic of South Africa unless the context expressly indicates otherwise and the computation of periods prescribed in terms of any number of days shall be reckoned exclusively of the first and inclusively of the last day.

This Agreement shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa save that any rule of interpretation whereby a contractual ambiguity, gap or inconsistency shall be interpreted against the person responsible for its drafting shall be excluded from the interpretation of this Agreement.

Words and expressions defined in any sub-clause shall, for the purposes of the clause of which that sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause.

No provision herein shall be construed against or interpreted to the disadvantage of any Party by reason of such Party having or being deemed to have structured, drafted or introduced such provision.

Access to the Website

Access to the Website is provided to you subject to these terms and conditions. We cannot and do not guarantee that the Website will operate in accordance with your expectations or will be error free. If you are aware of any error on the Website, please contact us and we will endeavour to have it corrected. We cannot and do not guarantee the availability to you of any links that may be provided from the Website. You must comply with all applicable laws and regulatory requirements relating to your use of the Website.

You must not use the Website to circulate, send or distribute any information or data that would be in contravention of any regulations or legislation including regulations or legislation governing financial services, money laundering or anti-terrorism or which is offensive, abusive, indecent, defamatory, obscene or menacing, in breach of confidence or any other laws.

We reserve the right to update, modify, restrict access to or close the Website or any part of it at any time.

Sign-up

You agree that the information you supply during the process of signing up for an account will be true, accurate and complete. Pro Venture Products reserves the right to reject or terminate access to the Website where you provide false or misleading information during sign-up. You will be responsible for preserving the confidentiality of your chosen account and associated password and will notify Pro Venture Products of any known or suspected unauthorized use of your account. You agree to keep Pro Venture Products informed of any change in the information you provided at the time of your initial sign-up. You agree to indemnify, defend and hold harmless Pro Venture Products, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all liabilities, fines, losses, expenses and damages resulting from the supply of any information during the registration process which is not true, accurate and correct or arising from your failure to update such information as required or from any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your Pro Venture Products account.

Charges and Commercial Terms

You are entirely responsible for any and all activities that occur on your Pro Venture Products account and you shall be strictly liable for all charges debited against your account whether or not such charges may be incurred by you or any other person, authorised or unauthorised, intentionally or unintentionally.

It is your responsibility to familiarise yourself with our prevailing charges and prices, billing frequencies and payment terms. We reserve the right to modify our charges and payment terms at any time without notice. All prices are subject to exchange rate fluctuation.

All invoices are payable on presentation. Interest on outstanding payments shall accrue at the rate provided for in the relevant invoice and, where applicable, interest shall accrue daily and be compounded monthly in arrears.

The price of Products advertised on the Website exclude delivery charges which are additional unless stated otherwise.

The price of Products advertised on the Website include VAT.

Pro Venture Products reserves the right to to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, images, information related to text, pricing, availability, product descriptions and package contents) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, Pro Venture Products shall have the right, in its sole discretion, to refuse or cancel any orders placed for that item. If your credit card has been charged for any order subsequently cancelled, Pro Venture Products will issue a credit to your credit card or if payment was by way of EFT, Pro Venture Products will make a refund into your bank account. We apologize for any inconvenience this may cause you.

Payment Options Accepted

Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Pro Venture Products bank account, the details of which will be provided on confirmation of order placed.

Credit Card Acquiring and Security

Credit card transactions will be acquired for Pro Venture Products via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer Details Separate from Card Details

Customer details will be stored by Pro Venture Products separately from card details which are entered by the Customer on PayGate’s secure site. For more details on PayGate refer to www.paygate.co.za

Merchant Outlet Country and Transaction Currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility

Pro Venture Products takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this Website, customer service and support, and delivery of goods.

Delivery Policy

When you click to make a purchase with us legal obligations arise and your right to refund of monies paid in any way agreed by us are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree to all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any product or service through this Website.

Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.

Product Availability and Out Of Stock Scenario After Having Placed Order

Please enquire on stock availability prior to placing your order as we may not physically hold stock of all the Products listed on our Website at all times.

Lead time is dependent on stock availability and subject to availability and receipt of payment, requests will be processed within one days after receiving a confirmed order and full payment reflects in our back account, and delivery confirmed by way of email notification. Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence Pro Venture Products will endeavour to contact you and provide a revised shipping schedule.

Products will be delivered by way of Postnet Courier or South African Post Office services.

Pro Venture Products reserves the right to cancel your order even if payment has been made should the product not be in stock with our suppliers. Should Pro Venture Products cancel your order we will offer you a choice of (i) placing the product(s) on back order (price is subject to change and exchange rate fluctuations), (ii) a credit on your account or (iii) an immediate refund in full.

In the case of an immediate refund on an EFT payment, funds may only reflect in your account a day or two following the actual refund - this is beyond our control. In the case of an immediate refund on a credit card purchase, funds may take up to ten days to reflect back in your account following the actual refund - this is beyond our control.

Where you agree to have your products placed on back order you are hereby informed that the date the goods are expected to arrive are subject to change due to circumstances beyond our control as well as the price being subject to change due to circumstances beyond our control and subject to exchange rate fluctuations which are beyond our control. Should the price change, Pro Venture Products will inform you and you will have the choice to either pay in the difference or elect a credit on your account or an immediate refund in full.

Return and Refunds Policy

Pro Venture Products warrant all Products to be free from defects at time of shipping. All Products are subject to the manufacturer’s terms and warranties.

The provision of goods and services by Pro Venture Products is subject to availability. In cases of unavailability, Pro Venture Products will refund the Customer in full within 30 (thirty) days.

Cancellation of orders by the Customer will attract a 10% administration fee.

Prior to returning faulty products you agree to contact us first so that we can provide you with the necessary details to effect the return.

In the unlikely event that a product should become faulty during the warranty period, the product may be returned in order to effect repair or replacement. The Customer is responsible for covering the cost of returned goods to Pro Venture Products.

The manufacturer or its official distributing agent will at their sole discretion determine if the repair or replacement can be honoured under the terms of the warranty. Their decision is final and no correspondence will be entered into.

Should the product be found to be faulty or become faulty from having received your order and where the product still falls within the warranty period, the cost of returning the faulty product will be for your account and Pro Venture Products will cover the cost of returning the repaired or replaced item back to you. This is subject to the manufacturer or its official distributing agent determining that the fault can be remedied and honoured under the terms of the warranty, if not then the costs for the return of the product will be for your account.

Warranties

The warranties set forth below are exclusive and in lieu of all other warranties, whether statutory, express or implied. Pro Venture Products supplies the Website “as is” and does not warrant that the operation thereof will be uninterrupted or error free. No warranty is given nor is to be implied as to the suitability of the Website for any particular purpose notwithstanding that any such purpose may be known or ought reasonably to have been known by Pro Venture Products.

No express or implied condition, representation or warranty (whether statutory or otherwise) in respect of the Website (including as to condition, performance, or fitness for purpose) and all such conditions, representations and warranties are excluded except to the extent that their exclusion is prohibited by law.

No express or implied condition, representation or warranty (whether statutory or otherwise) in respect of the Products (including as to merchantability, condition, satisfactory quality, performance, or fitness for purpose) and all such conditions, representations and warranties are excluded except to the extent that their exclusion is prohibited by law.

Information Security and Privacy

Pro Venture Products is committed to protecting your privacy. It is your own responsibility to ensure that only authorised persons have access to information or data stored or communicated by you or any other person using the Website. You agree to indemnify, and hold harmless Pro Venture Products, its officers, directors, employees, affiliates and agents and any other service provider who furnishes Services to you in connection with the Website, from any and all claims, losses, damages and expenses by, or on behalf of, you or any third party for any unauthorized or fraudulent use of your username, password or other security credential.

You acknowledge that use of the Website results in some processing of the personal data you provide by us. Your personal data may be processed for the purposes of issuing you with a username and password and for recording and reporting on your activity within the Website. Pro Venture Products shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

In performing our obligations under these terms and conditions, both you and we must each comply with any applicable data protection legislation.

By registering on the Website, you agree to be automatically subscribed to our marketing mailing list permitting us to send you newsletters and information about our website, events, etc. You will have the opportunity to UNSUBSCRIBE at any time, by clicking on the unsubscribe link contained within any of our communications.

Pro Venture Products will not sell, share, or rent your email address or any other personal information collected on this site. We will take all measurable steps to ensure that your details remain confidential at all times.

Cookie/Tracking Technology

The Website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Website, and understanding how visitors use the Website. Cookies can also help customize the Website for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Maintenance

From time to time, Pro Venture Products may perform scheduled or unscheduled system and software maintenance. Insofar as is reasonably possible, such maintenance will be carried out at times convenient to Users.

Intellectual Property
You acknowledge that any and all intellectual property rights embodied in or associated with the Website are, and will remain, the sole property of Pro Venture Products or its licensors. Nothing contained in these terms and conditions shall convey any title or proprietary rights to you in or over the Website other than expressly provided for herein.

Liability and Indemnity
Pro Venture Products shall not be liable for any delay, failure, breakdown, damage, loss, cost, claim, penalty, fine or expense arising from use of the Website; the intentional or negligent act or omission of any person not being a duly authorised employee, sub-contractor, agent of Pro Venture Products or any third party not authorised to act in terms of these terms and conditions; and the actions, omissions or service interruptions of any utilities provider or third party service provider, including a telecommunications service, electrical service or a supplier of a telecommunications or electrical service, VOIP service, electronic communications service provider or electronic communications network service provider.

IN NO EVENT SHALL PRO VENTURE PRODUCTS BE LIABLE TO YOU FOR LOSS OF DATA, LOSS OF PROFITS OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY PRO VENTURE PRODUCTS SERVICE, AND USE OF THE WEBSITE FOR ANY OTHER PURPOSE OTHER THAN THAT FOR WHICH IT WAS DESIGNED.

It is understood and acknowledged by you that the Pro Venture Products Website is not intended to ensure, nor does Pro Venture Products warrant, compliance with any common law, statutory or regulatory requirement or obligation to which you may be subject in your own jurisdiction. Use of the Website is entirely at your risk.

IN NO EVENT SHALL PRO VENTURE PRODUCTS BE LIABLE FOR SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR DELICTUAL DAMAGES SUFFERED BY YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS, AND INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, UNAUTHORISED USE OF YOUR USER ID OR PASSWORD, THE MAINTAINING, HOSTING OR SUPPORTING OF THE WEBSITE BY PRO VENTURE PRODUCTS OR ANY PERSON APPOINTED BY IT, AND WHETHER OR NOT YOU WERE AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU INDEMNIFY AND HOLD PRO VENTURE PRODUCTS HARMLESS AGAINST ANY CLAIM BY ANY THIRD PARTY RELATING TO ANY MALFUNCTION OF THE WEBSITE OR ARISING OUT OF THE USE OF THE WEBSITE BY YOU. PRO VENTURE PRODUCTS SHALL FURTHERMORE HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY BREACH OF A LEGAL OBLIGATION AS SPECIFIED ABOVE TO WHICH YOU OR ANY THIRD PARTY MAY BE SUBJECT.

Limitations and Exclusions of our Liability

From the Website you may be able to obtain access to websites operated by others. We do not endorse those other websites nor do we accept any responsibility for any damage or loss you may suffer arising out of access to those websites, including damage or loss, or other information found on those websites. These links are not monitored or maintained by us nor are we responsible for the contents of any third party website.

Unless expressly stated otherwise in the terms and conditions or rules of the Website, our liability under or in connection with the Website, whether arising from negligence, breach of contract or otherwise is only to take such actions as are reasonably required (in our sole discretion) to correct, remove or delete Data including Data entered in error and we exclude all other liability under or in connection with the Software.

We are not liable for any damages or losses due to any viruses or malicious code or software, defects or malfunctions in connection with the access or use of the Website. You must, for your own protection, use virus-checking software when accessing the Website.

Nothing in these terms and conditions excludes or limits our liability for fraud or for death or personal injury arising from our negligence or that of an employee of the Customer or for any other matter in respect of which it would be unlawful to limit or exclude liability.

You agree that the limitations and exclusions set out in this clause are reasonable having regard to all the relevant circumstances, including the fees and charges for using the Website.

Miscellaneous Provisions

Pro Venture Products reserves the right, in its sole discretion, to modify these terms and conditions or any part thereof at any time without notice.

Pro Venture Products’ rights under these terms and conditions may be exercised as often as necessary; are cumulative and not exclusive of rights or remedies provided by law.

If a provision of these terms and conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not affect the legality, validity or enforceability in that jurisdiction of any other provision of these terms and conditions; or the legality, validity or enforceability in other jurisdictions of that or any other provision of these terms and conditions.

Nothing in these terms and conditions shall be deemed to constitute a partnership between us, nor constitute and appointment for either of us to act as the agent of the other for any purpose.

A failure by us to enforce a provision of these terms and conditions or to take action in relation to a breach by you does not constitute a waiver and does not prevent us from subsequently enforcing that provision or from acting on such breach or any subsequent breach by you.

Any notice or other communication given under or in connection with these terms and conditions must be in English.

Our rights and/or duties under these terms and conditions may be transferred to any person. You must not transfer any of your rights or duties under these terms and conditions without our prior written consent.

Jurisdiction
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Website for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa and Pro Venture Products chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature:
PO Box 4186, Durbanville, 7551.

Whole Agreement
These terms and conditions constitute the whole agreement between Pro Venture Products and you and no side agreements and no representations or warranties other than those set out herein or incorporated by reference shall be binding on Pro Venture Products.

Contact Information

Pro Venture Products contact details:

Email: info@proventure.co.za

Telephone: +27 (0)21 976 7437