Note that this part applies to all purchases made on the Website, whether from Sage Intelligence a Division of Sage South Africa.
2.1. Restrictions on Sales
The onus is on you to ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such product and that these restrictions are observed. Accordingly you indemnify Sage Intelligence a Division of Sage South Africa from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website registration process.
2.2. Defects, Returns, Refunds & Guarantees
Should you not be satisfied with any product purchased by you on the Website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard, and how products are to be returned to us. Please click here to read such Refund Policy.
2.3. Sales Records
A full record of every sale and related transaction between you and Sage Intelligence a Division of Sage South Africa shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, where after, you shall be responsible for retaining your own record of the relevant sale or related transaction.
Save for Sage Intelligence a Division of Sage South Africa being liable to you –
- under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Sage Intelligence a Division of Sage South Africa to you via the Website; and
- under sections 43(5) and 43(6) of the ECT Act in relation to Sage Intelligence a Division of Sage South Africa payment systems not being sufficiently secure, neither Sage Intelligence a Division of Sage South Africa nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, Sage Intelligence a Division of Sage South Africa makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to email@example.com
Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Sage Intelligence a Division of Sage South Africa and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
2.5. Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and Sage Intelligence a Division of Sage South Africa submit to the non-exclusive jurisdiction of the South African courts.
Any person 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 prosecuted and civil damages shall be claimed in the event that Sage Intelligence a Division of Sage South Africa suffers any damage or loss.
You agree and warrant that your log-in name and password shall be used for your personal use only and shall not be disclosed to any third party.
You allow Sage Intelligence a Division of Sage South Africa to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
All credit card transactions are Secure Socket Layers encrypted. Sage Intelligence a Division of Sage South Africa's registration documents and the Website’s registered domain name are checked and verified by Thawte.
2.8. Changes to Agreement
Sage Intelligence a Division of Sage South Africa may, in its sole discretion, change these T&C or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Sage Intelligence a Division of Sage South Africa on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Sage Intelligence a Division of Sage South Africa, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
2.10. Address for Notices
Sage Intelligence a Division of Sage South Africa chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: Sage Technology Park, 23a Flanders Drive, Mount Edgecombe, 4321, South Africa.
2.11. Term and Termination
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Sage Intelligence a Division of Sage South Africa from time to time (as described above), for so long as the Website exists and is operational, Sage Intelligence a Division of Sage South Africa being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Sage Intelligence a Division of Sage South Africa).
2.12. Copyright & other Intellectual Property Rights
Any and all copyright subsisting in the Website, including these T&C, vests in Sage Intelligence a Division of Sage South Africa and all rights not expressly granted are reserved.
Sage Intelligence a Division of Sage South Africa cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Sage Intelligence a Division of Sage South Africa of any content that may be offensive or illegal.
All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Sage Intelligence a Division of Sage South Africa and as such are protected from infringement by local and international legislation and treaties.
2.13. Electronic Communications
When you visit the Website or send e-mails to Sage Intelligence a Division of Sage South Africa, you consent to receiving communications from sage Intelligence a Division of Sage South Africa electronically and agree that all agreements, notices, disclosures and other communications sent by Sage Intelligence a Division of Sage South Africa satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
Hyperlinks, Framing, Spiders & Crawlers
Hyperlinks provided on this Website to non-Sage Intelligence a Division of Sage South Africa sites are provided as is and Sage Intelligence a Division of Sage South Africa does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Sage Intelligence a Division of Sage South Africa. Such permission could be obtained from firstname.lastname@example.org.
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
Full name: Sage Intelligence a Division of Sage South Africa, registered in South Africa, registration number 2003/015693/07
Main business: Software Developer
Address for receipt of legal service: Sage Technology Park 23A Flanders Drive, Mount Edgecombe, 4321, Republic of South Africa
Office bearers: Charles Teversham (Director), Sean Elliot (Director)
Official email address: email@example.com
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.naspers.co.za
Code of Conduct: not applicable