1. Terms and Conditions
These terms and conditions were last updated on: 21st October 2013.
For the purposes of the following Terms and Conditions, the term "Websites" or "Clickonit" will refer to the following online properties of Clickonit CC; including any URLs that redirect to said domains:
Welcome to www.clickonit.co.za Please take a moment to read these Terms and Conditions including our policies ("Terms") to understand how they apply to your use of our websites and any products or services that may you may order and purchase online.
Please read the rules carefully. Use of and/or registration on any aspect of Clickonit will constitute your agreement to comply with these rules and to the Terms and Conditions. If you cannot agree with these rules or Terms and Conditions, please do not use these Websites.
How our Terms and Conditions apply to you
These Terms and Conditions apply to your use of these Websites. By using these Websites, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. By accessing these Websites and/or placing an order or requesting a delivery you agree to be bound by the Terms and Conditions set out below. Please do not use our Websites if you do not agree to be bound by these Terms. Online purchases from our Websites are subject to these Terms and Conditions.
Any questions regarding these Terms and Conditions or subsequent issues should be directed to: Clickonit, P.O. Box 9819, George, 6529. Alternatively you may also contact us here. Please read these Terms and Conditions carefully and print and keep a copy of them for your reference.
- Copyright in all material, information and logos presented on this site vest with Clickonit CC (“Clickonit”);
- The content of this site is protected under applicable South African and International law including, but not limited to, South African Copyright and Trademark laws, International Copyright and Trademark laws and Conventions;
- Nothing contained on this site should be construed as granting any license or right to use any material on this site. The user may however download, retrieve, view, print, refer to or sight the content of this site for private, educational or non-commercial home use only;
- Users seeking permission to use the content of this site for commercial purposes may e-mail to: firstname.lastname@example.org;
- Clickonit cannot nor does it exercise continuous editorial control over the content of this site and accepts no responsibility for any illegal, discriminatory, defamatory or obscene content appearing on this site. Users are invited to inform Clickonit of such matter appearing on this site to the person referred to in clause 1.A.4 above.
- By visiting or sending e-mails to Clickonit via this site, the user consents to receiving electronic communications from Clickonit;
- The user thereby agrees that all agreements, notices, disclosures and other communications sent by Clickonit satisfies any legal requirements, including but not limited to, the requirements that such communications should be "in writing";
- Clickonit provides links to other related internet sites. Clickonit does not sponsor or edit these sites and these links are provided for the user's convenience only;
- The inclusion of these links does not imply endorsement by Clickonit of the site and any use and/or reliance on the site is at the user's own risk;
D. Prohibited Activities
No user, be it a person, business or website may use any technology to search and gain information from this site unless the prior written consent of Clickonit is obtained.
- The user expressly agrees that the use of the Clickonit site is at the user's sole risk.
- Clickonit makes no representations or warranties that this website is not free from errors or omissions nor that the service provided will be uninterrupted and free from defects. Users are invited to report any possible malfunctions and defects to the person referred to in clause 1.A.4 above.
- This site is provided on an "as is" basis, without any representation or endorsement made and without any warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement, title, security and compatibility. It is the sole responsibility of the users to satisfy themselves prior to entering into this agreement that the services available on this site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
- The user acknowledges and confirms Clickonit’s indemnity to, including but not limited to, indirect, direct, incidental, special, consequential and punitive damages arising from the use of or inability to use the Clickonit site.
- Clickonit has taken reasonable measures to ensure the integrity of this website and its contents.
- However, no warranty, whether express or implied, is given that any applications, downloads or files available via this website are free of viruses, worms, Trojans, time locks or any other data or code which has the ability to corrupt or affect the operation of the user's system.
- No advice or opinion expressed on this site should be regarded as professional advice and users are advised to seek professional advice before placing reliance on any opinion given in this site.
- We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Websites will be uninterrupted or error free, or that the Websites or the servers that makes them available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Websites or the purchase of any of our products or services.
- You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Websites and/or your purchase of any products or services and including the use of any delivery services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via these Websites.
- Clickonit will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Websites. If Clickonit is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
- Nothing in this paragraph applies to Clickonit's liability in respect of products sold through the online channel.
By accessing this site, the user consents to the South African law and the jurisdiction of the South African courts governing any action which may arise in respect of the user's use of this site.
G. Privacy / Confidentiality
- Any information collected by Clickonit from users of this site shall not be revealed or disclosed to third parties unless the user's prior written consent thereto is obtained.
- The user hereby agrees that Clickonit from time to time may communicate with it.
- Any user that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be criminally prosecuted.
- Clickonit may also, at its sole discretion, institute civil action for damages suffered as a result of such conduct.
I. Updates, Amendments and Changes
- The use of or access to this site constitutes the user's acceptance of the above terms and conditions.
- Clickonit has the exclusive discretion to alter the terms and conditions of this site at any time, without prior notice to the user.
- We may periodically update or change the Terms and Conditions without notice. You should check them from time to time, as your continued use of our Websites will mean you accept any updated or revised Terms and Conditions. The date from which the current set of Terms and Conditions came into effect is included within the Terms and Conditions.
- Do not assume that the same Terms and Conditions will apply to future orders or delivery requests.
- We reserve the right to:
- Modify or withdraw, temporarily or permanently, these Websites (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Websites.
- Change the Terms and Conditions from time to time, and your continued use of the Websites (or any part thereof) following such change shall be deemed to be your acceptance of such change.
- It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Websites.
J. Products and Services
Unless stated to the contrary on these Websites, the goods and services supplied in accordance with any contract made through these Websites are supplied by Clickonit and/or third party Merchants as Participating Partners. As part of our delivery service we may engage the use of 3rd party delivery providers to fulfill services on our behalf. We may also sell products and services on behalf of 3rd parties, but these will be clearly indicated as such.
K. Using our Websites
Home delivery and Collected orders placed by using these Websites, along with access to them, are granted strictly in accordance with these Terms and Conditions. Clickonit has taken every care in the preparation of the content of these Websites. However, to the extent permitted by applicable law, Clickonit does not represent or warrant the accuracy or reliability of any of the information or content about any goods or services, software or advertisements (together, the "Materials") contained on, distributed through, or linked, downloaded or accessed from these Websites.
- To the fullest extent permitted by applicable laws, Clickonit hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the Websites or the Materials including, without limitation, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profile, profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to Clickonit. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. However, if you are a consumer your statutory rights are not affected.
- You are welcome to browse or use our Websites for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of the Websites, the uploading of any unlawful or damaging information or viral software, is strictly prohibited.
L. The Accuracy of our Websites:
- All reasonable steps are taken to ensure that information on our Websites is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
- Any comments uploaded by our users, merchants, or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.
- Although Clickonit aims to offer you the best service possible, we make no promise that the services or availability of our Websites will meet your requirements. Clickonit cannot guarantee that the service will be fault or interruption free. If a fault or interruption occurs in the service you should report it to our Customer Service Centre at 086 100 1777 during office hours or to email@example.com, and we will attempt to correct the fault as soon as we reasonably can.
- Your access to the Websites may occasionally be restricted or stopped to allow for repairs, maintenance or the introduction of new facilities or services. These scheduled outages will normally take place outside of peak hours. Clickonit will always attempt to restore the service as soon as it reasonably can.
N. Link Policies
- Certain links on these Websites will lead to other websites which are not under the control of Clickonit. When any of these links are activated you will leave the Clickonit Websites and Clickonit has no control over and will not accept responsibility, or liability, for any content, material or service contained on any website which is not under the control of Clickonit nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by Clickonit for any goods or services provided or available on such sites.
- Clickonit makes no representations, or warranties, in respect of any endeavour by it to review the content of websites to which it provides links or anywhere else in the products, service, or any of the materials and accordingly Clickonit accepts no responsibility whatsoever for the accuracy, copyright compliance, legality or decency of any information, material or other content contained in websites listed on the service or in any materials nor warrants nor endorses any advertising of third parties carried on the service nor though the provision of links to that carried on other websites.
O. Advertising and Third Parties
- Advertising and other promotional material of third parties may appear on our Websites from time to time. We do not endorse such third parties or their products and/or services. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on our Websites complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and merchant material. Your reliance on any information contained in such material is entirely at your own risk.
- It is your own responsibility to acquaint yourself with sales terms and conditions and return policies of each merchant that participates in the Clickonit Loyalty Mall™.
P. Our Indemnification
You hereby indemnify Clickonit and its affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on the lawyer-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the Websites, or from your breach of this Agreement, or from any such acts through your use of our Websites.
Q. Receiving Informantion from Us
We would like to keep you up to date with a range of products and services provided by Clickonit. This includes news of special events, promotions, product launches and catalogues. Click here to opt in to receive our newsletters and other related marketing material. Should you already have opted in, you are free to opt out of receiving our marketing material at any stage by clicking here. It may take up to one calendar month for your profile to be updated.
R. Contacting you about our Services
- We are constantly improving our service; we may therefore occasionally contact you for purposes related to a specific product you have purchased from us or from a Merchant on the Clickonit Loyalty Mall™, or a service we have provided to you. For the avoidance of doubt, this includes the use of the Websites, the delivery service and the Click n Collect service. We may contact you by post, telephone, SMS text messaging and/or email.
- By accepting these Terms and Conditions you agree to receive service related communications from us.
- You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
- If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
- If you breach these Terms and Conditions and Clickonit ignores this, Clickonit will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
- Clickonit shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
The Clickonit Loyalty Mall™ is not an Agent or retailer on behalf of any of the Merchants that participate in the Clickonit Loyalty Mall™. The Clickonit Loyalty Mall™ is an on-line ordering system for collective Merchants/Dealers. All Merchants are signed up with an advertising agreement and terms of sales are separate for each industry.
A. General Policies
- Your privacy and the security of information you provide are exceptionally important to us. We will not release, rent or sell personal information to any third parties without your consent, unless we are compelled to do so by law. We treat all your personal information as confidential and keep your registration details and any personal information you upload to us on secure servers. We will comply fully with all applicable South African Data Protection and consumer legislation in place including the Consumer Protection Act.
- Our Websites make use ‘sessions’ and not of ‘cookies', meaning all sessions are ended upon 'Log Out'. You may also use these Websites without providing us with any information, but if you do choose to withhold necessary data you will not be able to access certain sections or use certain features within the Websites.
- If you want to use the Websites but do not wish to be sent additional marketing information, please ensure the relevant option is selected during registration that indicates your preference. You can also opt in or out of receiving marketing information at any time through your registered profile here.
- Please note that we reserve the right to communicate with you (via writing, phone, email and/or SMS) with information directly related to the clickonit.co.za service. This information is necessary to allow you to use the service and any enhancements we make from time to time.
- You have the right to request a copy of any information we hold on you at any time, and to have that information corrected if it is inaccurate. If you wish to view any information you have submitted, please contact us in writing at firstname.lastname@example.org or on snailmail to Clickonit CC, P.O. Box 9819, George, 6530. Nothing in these Terms and Conditions affects your rights under the Data Protection Act.
B. Your Information
- When you shop on these Websites, we will ask you to input and we will collect personal information from you such as your name, email address, billing address, delivery address, telephone number, and product selections (please note that your payment details are handled through a third party specialising in secure payments - while we provide an additional anti-fraud verification layer). We and our third-party providers of advertisements and content, may collect information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.za and .com), your browser type, the country and telephone area code where your computer is located, the pages of our Websites that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our Websites ("User Information"). We may collect this information even if you do not register with us.
- You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
- We confirm that any personal information that you provide to us (or which is available on public registers) and any user information from which we can identify you, is held securely.
- We use your information only for the following purposes:
- To process your orders;
- For statistical purposes to improve these Websites and the services we offer;
- To provide you with relevant Website content and Website advertisements;
- To administer these Websites;
- If you consent, to notify you of products or offers that may be of interest to you.
- You agree that you do not object to us contacting you for any of the above purposes whether by telephone, fax, email, SMS or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights.Your personal information may be disclosed to other businesses within Clickonit and to reputable third parties solely with the purpose of helping to process your order. Clickonit require all such third parties to treat your personal information as fully confidential and to fully comply with all applicable South African Data Protection and consumer legislation in place.
- We reserve the right to disclose information if we are requested to by the police or any other regulatory or government authority investigating suspected illegal activities. This includes the provision of personal information and /or user information.
C. Information Collection and use by Clickonit
We collect the Information necessary to enable us to respond to your requests for our products and services and to send you information regarding our products and services from time to time. Since most of the users of our products and Sites are doing so in their personal capacity, information we collect will be in that capacity. When you visit the Sites, you may be asked to submit information such as email address, address, phone number, your product version, and/or areas of interest. We may also ask you where you heard about our company or products, or for other information that will help us understand more about your needs or help us process your requests for information. In addition, our information collection and use practices are described in more detail below:
- Product Registration - You may be asked to complete registration/activation form(s) on the Sites or from within the products, with contact information for use by us in accordance with this policy. Registration or activation information may include the name of your company, contact information, product information, customer ID, network and operating system, and other relevant information.
- Customer Profile - We also collect information when you create a customer profile which is required in order to access certain areas of the Sites, purchase support plans and products, to obtain software downloads and certain online support services, and to request information from us about our products and services. This information includes company name and contact information and other information about your company (for example, size, revenue, and number of employees), the products you may have licensed, and other non-Clickonit products you may currently use. We use this information in accordance with this policy to identify you, process your requests, and administer your Clickonit account(s).
- Support - We offer certain limited online support services at the Sites. If you access online support on any of the Sites, you may be asked for information such as customer ID, product name, product version, and other information to help us determine what the technical issues are and how best to help you resolve them. In addition, certain products allow you to submit support-related questions directly from the product. If you access online support services from a product, information about your network, operating system, printer, data and program path, product type, version, customer ID, the product's technical support information sheet, product serial number, and other similar information will be automatically pre-populated for submission to our customer support representatives to assist them in answering your questions.
- Newsletters - When you subscribe or sign up to receive newsletters published or offered via the Sites, we will ask you for information necessary to enable us to process your request and to send you information regarding our products and services.
- Product-Related Information Collection - We collect certain additional information in connection with your use of our services or desktop products with online features. For instance:
- Product Updates - Some products provide you with the ability to download and register product and/or tax updates as they become available. During the download and registration process, we collect Business Information, including customer ID number and product version, type, and serial number, in order to authorize your access and provide you with the appropriate update, and to update our records as to the product and products updates you have downloaded or installed.
- Account Set-Up and Access - Upon subscribing to our services, we collect Business Information which may include information such as product serial number, customer ID, and your customer profile information, in order to identify you and authorize your access and use of the services and provide you with your relevant account information. Certain products provide you with the ability to access your account in order to obtain information such as your support plan status, service subscriptions, registrations, and order history.
- Online Product/Registration - Certain products and services are subject to an application and enrolment process, which may be completed on paper or online. Information requested may include ID numbers, bank account, payroll, credit card, and contact information. This information is used to process your enrolment request and, if approved, to set up and administer your account.
- Web-based Services - In connection with certain of our web-based services we collect certain additional information, including IP address, browser, connection speed, domain, referring URL, and other environment-related information to enable us to provide a secure environment for the use of the services, to pre-populate forms, and calculate aggregate statistical information about the customers using these services.
- Clickonit Products & Services - In addition to the uses set forth above, we may use your Business Information to:
- inform you of product upgrades and updates and subscription renewals;
- inform you of tax, regulatory, and other compliance issues with your software product or service;
- notify you of products and services that we think may be of interest to you;
- offer you discounts or other promotions with respect to our or Merchant products and services that we think may interest you; and
- contact you for survey purposes to determine how we can better service you or provide better products to meet your needs.
- Third-Party Products:
- We may also use your Business Information to inform you of special discounts or offers from other merchants, Participating Partners and companies we have carefully selected and whose products and services may be of interest to you.
- Some products provide you with the ability to download and register product and/or updates as they become available. During the download and registration process, we collect Business Information, including customer ID number and product version, type, and serial number, in order to authorize your access and provide you with the appropriate update, and to update our records as to the product and products updates you have downloaded or installed.
D. Excluded Services
The services provided by these Websites do not include the provision of computer or other necessary equipment to access the Websites. To use the Websites you will require a suitable device, internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or any other costs that you may incur.
E. Creating an Order
Orders can only be created through the use of our Websites. No orders by telephone, email, SMS, fax or any other medium will be accepted. For the avoidance of doubt, this condition will apply to our Customer Service Centre and our online shopping fulfilment platforms. Please note that the Merchant, Clickonit or the Consumer Service Centre may guide you through the process of placing an order, but are unable to place the order on your behalf.
F. Accepting your Order and creating an Electronic Contract - The steps required in creating the contract between you and clickonit.co.za are as follows:
- You will be guided through the process of booking a delivery/collection slot and filling your shopping trolley/basket though a series of simple steps on our Websites;
- The final step in placing your order will be by confirming the accuracy of your trolley, your substitution preferences and the associated guide price to be charged to your chosen payment method/s. You order is confirmed on completion of the check-out process;
- You will receive an order acknowledgement email detailing the products you have ordered and any associated delivery or collection information.
- The email acknowledgement will present an 'indicative or guide price' only and will be subject to change depending on, but not limited to, the following:
- The price of the product changing between the time your order is placed and the day payment is processed (payment is normally processed the day of delivery, but for operational reasons may also be processed the day before delivery);
- Your Merchant may weigh loose items like fruit and vegetables or pick pre-packed weighed items. The price of weight dependent items may vary in store from that on our Websites, or may be slightly different to the original weight ordered;
- Unless you have been notified that your order is not accepted or you have cancelled it in accordance with the instructions given, our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made and you will be charged for your order.
- Items ordered by weight - Where items are ordered by weight, your personal shopper will endeavour to provide you with an amount as close to the requested weight as possible. The actual amount you receive may exceed or be less than the amount requested. Please note that the price charged will be solely based on the actual weight of the item that you received - and not the requested weight. Should the amount or the price of the delivered item be unacceptable you may return the item (or items) with the driver for a full refund. Clickonit will not be liable for any redelivery or remedy from items returned due to weight or cost differences. Should the weight on the delivery invoice differ from the actual weight of the product delivered, but the price charged is accurate, Clickonit will not be liable for delivery of the weight amount as per the delivery invoice.
G. Risk and Ownership
For the avoidance of doubt, the ownership and risk associated with your goods will be held by the Merchant and not by Clickonit up until the point at which they are signed for at delivery or collection. Any damage, disappearance or theft of goods post-delivery or collection, will become the responsibility of the person who placed the order and against whom the contract is binding.
H. Stock availability
Only items indicated as available on our Websites can be purchased. Items stocked in stores but not indicated as available on our Websites, do not form part of our catalogue and therefore cannot be ordered. We will not pick or deliver items not available on our Websites even if they are requested
I. Delivery and Pickup
All products ordered are between the Merchant and the Buyer. Delivery, Courier and /or pickup has to be arranged with the merchant and not with Clickonit.
The stock made available to you on our Websites is determined by the store from where your order will be placed. The tore from where your order will be picked is based upon your delivery address and not your registered address, although these may be the same address. You accept that this allocation is made automatically and cannot be changed even if requested. You are welcome to contact us here should you not be satisfied with your Merchant.
K. Buying Liquor, Adult Products, Ammunition and/or DVD's
Pursuant to the Licensing Act it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18. is committed to upholding both their legal and social obligations as a retailer of liquor. In order to achieve this, clickonit.co.za has introduced a number of control checks throughout the purchase and physical distribution process (e.g. confirming date of birth and requesting formal identification of anyone considered to be younger than 18). In accepting these Terms and Conditions you agree to provide clickonit.co.za truthful and accurate information and act in accordance with all Legislation.
L. Payment for Products Ordered
The Clickonit Loyalty Mall does not offer any payment platform or gateway and is merely an ordering platform. Each order has to be paid to the Merchant direct.