TONER.CO.ZA – TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Toner.co.za provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. In addition, when using particular Toner.co.za services, you and Toner.co.za shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Toner.co.za currently provides users with access to the largest consumable collection of toners, inks, ribbons and spares for most makes of copiers, faxes and printers. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Toner.co.za brands, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Toner.co.za assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the Service.
3. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You, and not Toner.co.za, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Toner.co.za does not guarantee the accuracy, integrity or quality of Content posted via the Service. Under no circumstances will Toner.co.za be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service, or anything in the Content that you may find offensive or objectionable.
You agree not to use the Service to:
Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law.
You acknowledge that Toner.co.za does not pre-screen Content, but that Toner.co.za and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Toner.co.za and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Toner.co.za or submitted to Toner.co.za. You acknowledge and agree that Toner.co.za may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Toner.co.za, its users and the public.
You understand that the technical processing and transmission of the Service, including Content, may involve (a) changes to conform and adapt to technical requirements of connecting networks or devices and (b) transmissions over various networks.
You agree to indemnify and hold Toner.co.za, and its subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights to another.
5. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
6. MODIFICATIONS TO SERVICE
Toner.co.za reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Toner.co.za shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. DEALINGS WITH ADVERTISERS AND CATALOGUE MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Toner.co.za shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Any disputes which concern goods or services, or payment, or any other disputes arising from the sale of goods or services is solely a matter between you and the catalogue merchant (“Traders”) from which you purchased any goods and or services. Toner.co.za will not be held responsible for any damages of any kind arising from any transactions you may undertake with any Traders listed in our site through banners, links, or adverts displayed on Toner.co.za.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Toner.co.za has no control over such sites and resources, you acknowledge and agree that Toner.co.za is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Toner.co.za shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource.
Since Toner.co.za has no control over such sites and contents, or the presence of viruses on services provided by third parties, no warranty is made as to the external sites and their contents, including the existence, true accuracy, or the quality of the sites.
9. TONER.CO.ZA’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service of advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Toner.co.za or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Toner.co.za grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Toner.co.za for use in accessing the Service.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TONER.CO.ZA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
TONER.CO.ZA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TONER.CO.ZA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TONER.CO.ZA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TONER.CO.ZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to you may be made via email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
13. TRADEMARK INFORMATION
Toner.co.za and the Toner.co.za logo are trademarks of Toner.co.za (the ” Toner.co.za Marks”). Without Toner.co.za‘s prior permission, you agree not to display or use in any manner, the Toner.co.za Marks.
14. STEPS TO TAKE WHEN CONDUCTING ONLINE E-COMMERCE TRANSACTIONS
Toner.co.za offers the following advice to consumers to help protect themselves when conducting Online E-commerce transactions. This advice is not limited to the following, and is in no way meant to be comprehensive and all encompassing:
· Always read the terms of trade
· Inspect your credit card statement bills closely. The sooner you catch an error, the better your chances will be able to remedy it.
· In the event that you identify unauthorized use of your credit card, you must notify your credit card provider in accordance with the reporting rules and procedures as prescribed by such credit card provider.
This Terms of Service shall be governed by and interpreted in accordance with the laws of South Africa.
Toner.co.za will ship a product as soon as stock is available. Delivery times depend on the delivery option specified during the order process (see below). Orders placed on weekends or holidays are processed the following business day.
Products are shipped using our courier company. They will ship to any physical address within South Africa. Refused or undeliverable shipments will be subject to a restocking fee of 35%, in addition to applicable shipping, transaction and insurance fees. Toner.co.za does not ship to a PO Box address or to Post Net suites. Toner.co.za will not be held liable for any inconvenience or downtime or costs incurred owing to late delivery of goods ordered through the website, Toner.co.za or through our call centre, +27-11-206 2900
Toner.co.za at no stage is in possesion of your credit card details. All credit card purchases will be verified with the purchasers bank before the the transaction is processed. In the case of South African Cards, this process is relatively quick and our normal delivery fulfilment times apply as stated below. In the case of foreign credit cards being used to make transactions, the purchaser’s bank with be contacted internatonally by our bank, to verify the payment. In these cases, delivery will be delayed by up to 4 extra days until the purchase has been authorised by the foreign bank. Only once the payment has been authorised will delivery of the goods be effected.
17. Delivery Costs
Toner.co.za will effect delivery at 4pm every day and goods ordered by 10:00am will be delivered the following working day (subject to stock availability.). Delivery costs are calculated to based on your shipping address and zip code. Delivery to most main centres in South Africa are generally executed by next working day and regional deliveries will take 2 – 4 working days if the order is placed before 10:00am (subject to stock availability.)
Collection from Toner.co.za is Free
Members who wish to avoid delivery costs may pick up their items from Toner.co.za’s offices. Toner.co.za will notify you when your products are ready to be collected.
19. Delivery Status
To check the status of your delivery, log into your account or call +27-11-206 2900
20. Back Orders and Stock
At Toner.co.za, we continuously update our product listings to ensure the accuracy of inventory availability. All products are shown in stock unless shown otherwise.When a product is out of stock, your order will be automatically placed on backorder. Toner.co.za only charges your credit card or account for the entire order amount once the order has been processed. Items placed on back order are shipped as soon as they become available from the manufacturer. Should Toner.co.za not be able to supply goods already ordered or placed on back order or goods that have already been paid for, the full purchase price will be refunded to the purchaser.
21. “Specials” Orders
Certain “specials” orders, including custom products, special configurations, and build to order PC’s, require varying order lead-time. Please see the individual product description for more details. Items like printers and PC’s can only be paid for via electronic funds transfer until further notice.
22. Returns policy
All returns will be considered by Toner.co.za but will not be accepted if goods have been correctly supplied by Toner.co.za according to the original order placed online. Toner.co.za will not be held liable for goods incorrecty ordered by the client. Toner.co.za will not be held liable for incorrect orders placed owing to ambigueous product descriptions that seem misleading. Toner.co.za receives an order and supplies the goods according to the said order in good faith, and supplies products on the basis that they have been correctly ordered. Toner.co.za accepts no resposibility for confusion arising in the ordering process relating to originals or compatibles. We will supply what has been ordered in good faith. Goods that arrive damaged are returnable. Goods that are faulty are returnable subject to the discretion of Toner.co.za. In the case where Toner.co.za accepts the return of goods owing to incorrect orders placed by the client, all costs in fetching, receiving, transport and restocking will be deducted from the original purchase price paid by the client.