This website can be accessed at www.truefamilyneeds.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by True Family Needs Online (RF) (Proprietary) Limited (“True Family Needs”, “we”, “us” and “our”).
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Items, and the use of the Website.
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
The Website enables you to shop online for an extensive range of items including hygiene products, electronics, health and beauty products, and more (“Items”).
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
- may limit the risk or liability of True Family Needs or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify True Family Needs or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask True Family Needs to explain it to you before you accept the Terms and Conditions or continue using the
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or True Family Needs in terms of the CPA.
- True Family Needs permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
CHANGES TO THESE TERMS AND CONDITIONS
- True Family Needs may, in its 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 place any further orders on, or in any other way use, the Website.
- 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.
OWNERSHIP AND COPYRIGHT
- The contents of the 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 True Family Needs, its advertisers and/or sponsors and/or is licensed to True Family Needs.
- You will not acquire any right, title or interest in or to the Website or the Website Content.
- Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us.
- Where any of the Website Content has been licensed to True Family Needs 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.
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Items on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
- True Family Needs shall not be bound by any incorrect information regarding our Items displayed on any third-party websites.
- The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Whilst True Family Needs takes reasonable measures to ensure that the content of the Website is accurate and complete, True Family Needs makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by True Family Needs’s representatives, True Family Needs shall not be bound thereby.
- True Family Needs disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
- Although Items sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on the Website are not necessarily the views of True Family Needs, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, True Family Needs also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of True Family Needs, its employees, agents or authorised representatives. True Family Needs thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
LIMITATION OF LIABILITY
- True Family Needs cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of True Family Needs, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
- TRUE FAMILY NEEDS 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, THE WEBSITE OR THE CONTENT CONTAINED IN 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 TRUE FAMILY NEEDS 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.
AVAILABILITY AND TERMINATION
- We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- True Family Needs may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that True Family Needs will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
- If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Items, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- True Family Needs is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by True Family Needs to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and True Family Needs, in whole or in part, on notice to you. True Family Needs shall only be liable to refund monies already paid by you (see True Family Needs’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
- At any time, you can choose to stop using the Website, with or without notice to True Family Needs.
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 the 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 True Family Needs, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
- True Family Needs hereby selects Roy Campbell Street, Brackenhurst, Alberton, Johannesburg, 1449 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). True Family Needs may change this address from time to time by updating these Terms and Conditions.
- You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving True Family Needs not less than 7 days’ notice in writing.
- 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;
- by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
- by email will be deemed to have been 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.
We are a participant under the Consumer Items and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the items or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us directly.
If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Items and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: firstname.lastname@example.org
- For the purposes of the ECT Act, True Family Needs’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
- Full name: True Family Needs (Pty) Ltd, a private company registered in South Africa with registration number 2020/193780/07
- Main business: Retailer
- Physical address for receipt of legal service (also postal and street address): Brackenhurst, Alberton, Johannesburg, 1449 (marked for attention: CEO and Legal)
- Office bearers: Neldie Bothma and Burnedette Jordaan
- Phone number: +27 76 672 5324 / +27 82 047 4675
- Email address: email@example.com
- PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
- True Family Needs may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the 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 True Family Needs 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.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
- These Terms and Conditions contain the whole agreement between you and True Family Needs and no other warranty or undertaking is valid, unless contained in this document between the parties.