General Terms and Conditions: Website and Online services

General Terms and Conditions: Website and Online services

This document sets out the terms and conditions that apply to The Core Computer Business (Pty) Ltd (“CCB”) website and online services (“General Terms and Conditions”). By using and/or accessing any of the pages available on this site as well as any of the online services, you accept and agree to comply with the General Terms and Conditions contained herein. Your access to and use of our website, is subject to these General Terms and Conditions, as well as any other policy documents available on this website (store.nintendo.co.za). Should you not agree with the General Terms and Conditions, please leave the website and stop using the online services. The provisions of these General Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities, which we will have towards you and other persons. These provisions also limit and exclude your rights and remedies against us and place various risks, liabilities, obligations and legal responsibilities on you. These provisions may result in your being responsible for paying additional costs and amounts and we may also have claims and other rights against you. To the extent that any services or goods provided under these General Terms and Conditions are governed by the CPA, no provision in these General Terms and Conditions is intended to contravene the applicable provisions of the CPA, and therefore all provisions of these General Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure compliance with the applicable provisions of the CPA to the extent it may be applicable.

1. Definitions:
1. "CPA" means the Consumer Protection Act 68 of 2008, as amended, varied, novated or substituted from time to time;
2. “ECT Act” means the Electronic Communications and Transaction Act 25 of 2002;
3. "General Terms and Conditions" has the meaning set out above;
4. "intellectual property" shall include all and any intellectual property including, without limitation: (a) all patents and applications therefor and all reissues, divisions, renewals, extensions, Provisionals, continuations and continuations-in-part thereof; (b) all inventions (whether patentable or not), invention disclosures, improvements, proprietary and confidential information, trade secrets, know-how, technology, technical data, utility models, topography rights and customer lists, and all documentation relating to any of the foregoing; (c) all copyrights, copyright registrations and applications therefor, and all other rights corresponding thereto; (d) all industrial designs and any registrations and applications therefor; (e) all internet uniform resource locators and domain names and all goodwill associated with or pertaining to any of the foregoing, (f) all trade names, business names, logos, slogans, designs, rights in trade dress or get-up, common law trade-marks and service marks, trade mark and service mark registrations and applications therefor and all goodwill, rights to sue for passing off, and unfair competition rights, associated with or pertaining to any of the foregoing; (g) all software, databases and data collections and all rights therein; (h) all moral and economic rights of authors and inventors, however denominated; (i) all social media accounts including all log in and password details to such accounts and content; and(j) all rights arising out of or associated with any of the foregoing, including all rights to sue and recover damages for past, present and future infringement, misappropriation, dilution or other violation of any of the foregoing; and (k) all rights or forms of protection having equivalent or similar effect to any of the aforementioned, which may subsist in any country in the world;
5. "online services" means provision of access to our website and any other service we offer electronically via our website;
6. "our site", "site", "our website" and "website" means the website with the address www.store.nintendo.co.za, or any other website notified by us from time to time, or any website with a URL that is validly registered to The Core Computer Business (Pty) Ltd (“CCB”);
7. "personal information" has the meaning given in POPIA;
8. “POPIA” means the Protection of Personal Information Act 4 of 2013, whether or not fully in force and effect, and as amended, varied, novated or substituted from time to time;
9. "us", "our", "we" and "Core Group" Collectively refers to ZA Online Stores (Pty) Ltd t/a iStore; The Core Computer Group (Pty) Ltd; The Core Computer Business (Pty) Ltd; Core Group Africa (Pty) Ltd; Core Peripherals (Pty) Ltd; Core Gaming Systems (Pty) Ltd; One Sandton Drive Properties (Pty) Ltd; Mobile In Africa (Pty) Ltd; Think Ahead (Pty) Ltd and Techmarkit Holdings (Pty) Ltd; and
10. "you" and "your" means any person who enters or uses the site, including any legal guardian acting on your behalf.
    
    
2. Use and availability of the website and online services
1. The website may only be used for lawful purposes.
2. You may not for purposes other than your personal use and/or non-commercial use, store or print copies of the website. You may not cache information provided by the site on your own server and copy, adapt or modify or re-use the content of the website without the prior written consent of CCB.
3. You agree:
1. not to reproduce, duplicate, copy or re-sell any part of our site (including any content contained on it) or the online services in contravention of the General Terms and Conditions;
2. not to access without authority, interfere with, damage or disrupt:
1. any part of the site;
2. any equipment or network on which the site is stored;
3. any software used in the provision of our site; or
4. any equipment or network or software owned or used by any third party.
4. We do not guarantee that the site, or any content on it, will always be available or be uninterrupted. Access to the site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice.
5. We will not be liable to you, if for any reason the site is unavailable at any time or for any period.
6. Should you commit a breach of this provision, you agree that we are entitled to report such breach to the relevant law enforcement authorities and to co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site, the online services and any content contained therein will cease immediately.
   
   
3. Disclaimer
1. Whilst we take all reasonable steps to keep the information up to date and correct, and to ensure the proper performance of the website and online services, we make no representations, warranties or guarantees of any kind, express or implied, about the completeness, accuracy, sufficiency, reliability, suitability or availability with respect to the website or the information, services or related graphics or other content contained on the website for any purpose. Any reliance that you place on such information and the use of the online services is therefore strictly at your own risk.
2. The content on the site is provided for general information only. It is not intended to amount to advice, on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the site. Should you rely on information on the site or take any action or refrain from taking action on the basis of such information, we shall not be responsible for any damages, loss or injury suffered by you as a result thereof.
3. To the extent permitted by applicable law, in no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, and/or loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. CCB does not guarantee that the site and the contents thereof, or the use of the site, the contents, CCB servers nor any electronic communication sent by CCB, is free of bugs, viruses or any other harmful or potentially harmful or destructive components or code, will be uninterrupted, complete, timely and/or secure. You are responsible for configuring your information technology, computer programmes and platform in order to access our site and the online services. You should use your own virus protection software.
4. The site, online services, information, content and material contained on this website is made available for general information purposes only and is provided an "as is" and "as available" basis. It is provided without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, CCB provides you with the site on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these General Terms and Conditions, might have effect in relation to the site.
5. Our site and the online services are primarily intended for use by users from and within South Africa. While our site and the online services are available for use by users from and within countries other than South Africa, we cannot guarantee that our site or online services comply with the applicable law of, or is appropriate for use in, other jurisdictions.
   
   
4. Hyperlinks to third party sites
   This site may contain hyperlinks to third party sites. CCB holds no responsibility for the nature, content and availability of such sites. The hyperlinks do not constitute an express or implied endorsement sponsorship, affiliation or recommendation by CCB whatsoever. The sites are provided for customer convenience and for your information only. The website and online services provided by third parties shall be used at your own risk.
   
   
5. Suspension or Termination
1. We will determine, in our sole discretion, whether there has been a breach of these General Terms and Conditions through your use of our site and/or online services. When such a breach has occurred, we may take such action as we deem appropriate, including but not limited to all remedies listed in clause 5.2 below.
2. Failure to comply with these General Terms and Conditions may result in our taking all or any of the following actions:
1. immediate, temporary or permanent withdrawal of your right and ability to use our site and/or any of the online services;
2. issue of a warning to you;
3. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
4. further legal action against you;
5. disclosure of such content and information about or relating to you, to law enforcement authorities as we reasonably feel is necessary.
3. We exclude liability for actions taken in response to breaches of these General Terms and Conditions. The remedies described above are not limited, and we may take any other lawful action we deem reasonably appropriate.
   
   
6. Liability and Indemnification
1. We will not be liable to any you for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
1. use of, or inability to use, our site; or
2. use of or reliance on any content displayed on our site;
3. if you are a business user, please note that in particular, CCB will not be liable for;
1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any indirect or consequential loss or damage.
2. If you are a consumer user, please note that CCB only provides the site for domestic and private use only. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any indirect or consequential loss or damage, loss of profit, loss of business, business interruption, or loss of business opportunity.
3. CCB will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site, or to your downloading of any content on it, or on any website linked to it.
4. To the full extent permitted by the law, you indemnify and hold CCB harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages that may arise directly or indirectly from a breach of the General Terms and Conditions by you, or arising out of or in connection with the failure or delay in the performance of the online services and/or your use of the online services.
5. CCB is not liable for the failure to perform any obligations as a result of any circumstances which may be out of CCB’s reasonable control, including but not limited to any technical problems related to the network operations, the terminations of the licenses to operate the network, an act of God, government intervention, restrictions or prohibitions due to government act or omission, act of default or lapse by any supplier or subcontractor or sub processor, industrial disputes and/or any other cause that is beyond the control of CCB. In the event of such circumstances, CCB’s obligations shall be delayed accordingly.
6. You accept that some of the information, content, tools or materials on the site come from external sources, and you agree that CCB is not responsible nor liable for any of the information and content that has been received from these external sources.
   
   
7. Changes and/or amendments to these General Terms and Conditions and/or the Site
1. CCB reserves, to the fullest extent permitted by law, the right to alter, delete and/or insert (change) any terms and conditions (including these General Terms and Conditions), content, online services and the like contained herein and on the site.
2. Any changes made, to these General Terms and Conditions or to any other terms and conditions, may be made by CCB at any time and may be made without prior notice. Such changes will be made available on the site and your continued use of the site will mean that you accept and agree to such changes.
   
   
8. Minors
   The site is not intended for use by anyone under 18 years of age without the express consent of any such person’s legal guardian. As a condition of your access and/or use of the site, you warrant that you are 18 years old or older and have legal authority to agree to these terms of use, or that you are not 18 years old or older and have obtained the express consent of your guardian to use the site. If you are not 18 years of age or older or do not have the express consent of your guardian to use the site, you are not authorised to access the site.
   
   
9. Your information
1. While all reasonable steps shall be taken by CCB to ensure that the content of the website and online services provided and information collected is not accessed or disclosed to unauthorised third parties, we do not make any warranties or representations in this regard.
2. While CCB has implemented policies, processes and technology aimed at protecting the personal information provided by users of the website, which are updated as necessary, you agree that we are not responsible for the policies and procedures of the sites that you may access through links from our website.
3. Internet communications are by nature, inherently insecure and unless that have been encrypted. We therefore assume no responsibility or liability in terms of any personal information whatsoever that be intercepted or lost, beyond our reasonable control.
   
   
10. Disclosures required in terms of ECT Act
1. Admission to the online service and transactions entered into through the website may be classified as “transactions” under the ECT Act and therefore you may be entitled to the rights as defined under the ECT Act.
2. Accordingly, CCB provides the following information:
1. Full name and legal status: The Core Computer Business (Pty) Ltd (“CCB”), a company registered in accordance with the laws of the Republic or South Africa, with registration number 1991/005727/07.
2. Physical address:         1 Sandton Drive, Sandton, 2146;
3. Website address and email address: www.store.nintendo.co.za; distributorsa@nintendo.co.za
   
   
11. Intellectual property
1. The intellectual property on this site, the content and all material published on it, and the online services, is owned and/or licensed by CCB, any use thereof requires CCB's prior written consent.
2. All of our rights remain strictly reserved. We reserve the right to revoke any rights in these General Terms and Conditions without notice, at any time and for any reason.
3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text CCB’s status (and that of any identified contributors) as the authors of content on the site must always be acknowledged.
4. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from CCB or its licensors.
5. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at CCB’s option, return or destroy any copies of the materials you have made.
   
   
12. Applicable Law
    The website is hosted, controlled and governed by the laws of the Republic of South Africa, and you hereby submit to the jurisdiction of the South African courts by accessing and using the site. The General Terms and Conditions must therefore be construed in terms of the laws of the Republic of South Africa.
    
    
13. General
1. If CCB fails to exercise any particular right or provision, this does not constitute a waiver of any right or provision of these General Terms and Conditions, unless CCB expressly waives such right or provision in writing.
2. These General Terms and Conditions are severable. Thus, if any provision contained herein is held to be illegal, invalid or unenforceable, that provision is deemed to be deleted without affecting the remaining provisions.
3. These General Terms and Conditions constitute the entire agreement between us and you, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter, including but not limited to any and all prior versions of these General Terms and Conditions that may have been published on our site.