TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Faranani (Pty) Ltd 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 Faranani (Pty) Ltd services, you and Faranani (Pty) Ltd 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
Faranani (Pty) Ltd currently provides users with access to a collection of Faranani (Pty) Ltds, calculators, faxes, and Microwaves. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Faranani (Pty) Ltd brands, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Faranani (Pty) Ltd 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 Faranani (Pty) Ltd, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Faranani (Pty) Ltd does not guarantee the accuracy, integrity or quality of Content posted via the Service. Under no circumstances will Faranani (Pty) Ltd 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 Faranani (Pty) Ltd does not pre-screen Content, but that Faranani (Pty) Ltd 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, Faranani (Pty) Ltd 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 Faranani (Pty) Ltd or submitted to Faranani (Pty) Ltd. You acknowledge and agree that Faranani (Pty) Ltd 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 Faranani (Pty) Ltd, 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.
4. INDEMNITY
You agree to indemnify and hold Faranani (Pty) Ltd, 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
Faranani (Pty) Ltd 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 Faranani (Pty) Ltd 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 Faranani (Pty) Ltd 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. Faranani (Pty) Ltd 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 Faranani (Pty) Ltd.
8. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Faranani (Pty) Ltd has no control over such sites and resources, you acknowledge and agree that Faranani (Pty) Ltd 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 Faranani (Pty) Ltd 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 Faranani (Pty) Ltd 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. Faranani (Pty) Ltd’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 Faranani (Pty) Ltd 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.
Faranani (Pty) Ltd 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 Faranani (Pty) Ltd 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. Faranani (Pty) Ltd 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;
Faranani (Pty) Ltd 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 Faranani (Pty) Ltd 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 Faranani (Pty) Ltd 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 Faranani (Pty) Ltd 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.
12. NOTICE
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
Faranani (Pty) Ltd and the Faranani (Pty) Ltd logo are trademarks of Faranani (Pty) Ltd (the " Faranani (Pty) Ltd Marks"). Without Faranani (Pty) Ltd‘s prior permission, you agree not to display or use in any manner, the Faranani (Pty) Ltd Marks.
14. STEPS TO TAKE WHEN CONDUCTING ONLINE E-COMMERCE TRANSACTIONS
Faranani (Pty) Ltd 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.
15. GENERAL
This Terms of Service shall be governed by and interpreted in accordance with the laws of South Africa.
16. Delivery
Faranani (Pty) Ltd 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. Faranani (Pty) Ltd does not ship to a PO Box address or to Post Net suites unless arranged with management. Faranani (Pty) Ltd will not be held liable for any inconvenience or downtime or costs incurred owing to late delivery of goods ordered through the website, Faranani (Pty) Ltd or through our call centre, 086 10 10 000
17. Delivery Costs
Faranani (Pty) Ltd will effect delivery at 4pm every day and goods ordered by 10:00am will be delivered the following working day (subject to stock availability.). Next day delivery to all cities will cost R85-00 including VAT and the delivery fee will be added to the cost of the goods. Deliveries to regional areas will take 2 - 4 working days if the order is placed before 10:00am (subject to stock availability.) The standard price of R85-00 including VAT is also valid for regional areas in South Africa and is fixed regardless of quantity ordered.
18. Collection
Collection from Faranani (Pty) Ltd - Free
Members who wish to avoid delivery costs may pick up their items from Faranani (Pty) Ltd’s offices. Faranani (Pty) Ltd will notify you when your products are ready to be collected. Please note goods will not be released until funds are cleared in the Faranani bank account. Cheques will take 7 working days to clear.
19. Delivery Status
To check the status of your delivery, call 086 10 10000.
20. Back Orders
At Faranani (Pty) Ltd, we continuously update our product listings to ensure the accuracy of inventory availability. When a product is out of stock, your order will be automatically placed on backorder. Faranani (Pty) Ltd 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 Faranani (Pty) Ltd 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.
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