2.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to its respective owners and as such are protected from infringement by local and international legislation and treaties.
3. ELECTRONIC COMMUNICATIONS
3.1 When a user visits a website of Songimali Communications or sends emails to Songimali Communications, that user consents to receiving communications from Songimali Communications electronically and agrees that all agreements, notices, disclosures and other communications sent by Songimali Communications satisfies any legal requirements, including but not limited, to the requirement that such communications should be in writing.
4. HYPERLINKS
4.1 No person, business or web site may link to any page on this site without the prior written permission of Songimali Communications. Such permission could be obtained from the person referred to in clause 1 hereof. Hyperlinks provided on this site to non Songimali Communications sites, are provided as is and Songimali Communications does not necessarily agree with, edit or sponsor the content on such web pages.
5. FRAMING
5.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
6. SPIDERS AND CRAWLERS
6.1 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Songimali Communications. Such permission could be obtained from the person referred to in clause 1 hereof.
7. DISCLAIMER
7.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Songimali Communications 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 web site or the services or content provided from and through this web site. Furthermore, Songimali Communications makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100 percent uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 1.
7.2 This web site is supplied on an as is basis and has not been compiled or supplied to meet the users individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Songimali Communications that the service available from and through this web site will meet the users individual requirements and be compatible with the users hardware and or software.
7.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Songimali Communications and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
7.4 All items purchased from Songimali Communications are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Songimali Communications to such agents upon delivery of any item to such carrier.
7.5 Neither Songimali Communications 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 any product sold on this web site.
8. COSTS
8.1 PRICES:
8.1.1 The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.
8.2 SHIPPING COSTS:
8.2.1 The cost of shipping within the borders of South Africa is usually R75.00 (South African currency) per order irrespective of the amount of items in the order with the exceptions as set out in 8.2.1.3. below.
8.2.1.1 The buyer can choose between the following:
8.2.1.1.1 Collection in person. Goods will be prepared within a 24 hour (business hours) period. Songimali Communications informs the customer when the goods are ready for collection. However, the onus is on the customer to collect such goods from the registered office of Songimali Communications;
8.2.1.1.2 Delivery including installation. Only goods puchased from Songimali Communications will be deliverd and installed. Songimali Communications will make every effort to install goods within a 48 hour (business hours) period unless otherwise specified or agreed upon. Where delays and out of stock situations occur, every effort will be made to inform the buyer. Songimali Communications will not be held responsible for any loss that may arise from late installations for whatever reason;
8.2.1.1.3 Courier delivery. Songimali Communications informs the customer of the despatch and supplies the track and trace number. The onus is on the customer to assure that there will be somebody available to accept delivery.
8.3 VALUE ADDED TAX:
8.3.1 Value added tax at the rate of 14% is charged on goods bought from Songimali Communications.
9. DELIVERIES
9.1 Inside the borders of South Africa
9.1.1 All items of the Songimali Communications site have an indication of the delivery time. Usually 5 - 10 working days subject to stock availability. Onsite installation option is only applicable to sites in the Gauteng area.
9.2 Delays and cancellations
9.2.1 Songimali Communications makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the buyer.
10. PAYMENT METHODS
10.1 Credit card payments.
10.1.1 At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
10.1.2 Payment is only collected when the order is completed and the goods shipped.
10.1.3 Note that to protect its own and the interests of customers, Songimali Communications scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Songimali Communications is not satisfied with its legitimacy.
10.2 Electronic Fund Transactions (EFT) payments.
10.2.1 If the buyer selects this option, instructions will be given on how to deposit monies into the Songimali Communications bank account and would it be subject to the following rules:
10.2.1.1 The exact amount must be paid.
10.2.1.2 The payment must be identified by supplying the order number and surname in the reference section of the electronic transfer.
10.2.1.3 No transfers must be made from ATMs
10.2.1.4 Cheque deposits are subject to a clearing period.
10.2.1.5 No bank deposits are accepted from outside the borders of South Africa.
10.2.1.6 Unpaid bank deposit orders are cancelled after five business days.
11. RESTRICTIONS ON SALES
11.1 Software goods:
11.1.1 Software goods are only shipped to addresses in South Africa.
12. AGREEMENTS OF SALE
12.1 Placing an item in a shopping basket without completing the purchase cycle does not:
12.1.1 constitute an agreement of sale between Songimali Communications and users cannot hold Songimali Communications liable if such items are not available when the purchase cycle is completed later; and or
12.1.2 constitute an order for such an item; and
12.1.3 Songimali Communications may remove such an item from the shopping basket if no stock is available.
12.2 An agreement of sale between Songimali Communications and a user only comes into effect if and when:
12.2.1 A credit card authorisation is received from the issuing bank; or
12.2.2 A deposit of an electronic transfer is reflected on Songimali Communications bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
12.2.3 A direct deposit is reflected on Songimali Communications's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.
12.3 Songimali Communications reserves the right to refuse to accept and/or execute an order without giving any reasons. Songimali Communications also reserves the right to cancel orders in whole or in part as circumstances dictate. Songimali Communications shall only be liable to refund monies already paid by the user.
12.4 Consumers can view or print a full record of the transaction that is maintained for a period of twelve months on the Songimali Communications website.
13. STOCK AVAILABILITY
13.1 Stocks of all goods on offer are limited. Songimali Communications shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Songimali Communications shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
14. SPECIAL OFFERS
14.1 Songimali Communications shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.
14.2 If Songimali Communications supplies the wrong product or if the product is in any way faulty or damaged, Songimali Communications will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and Songimali Communications will refund the purchase price including delivery costs.
15. GUARANTEE
15.1 If a user is not satisfied with Songimali Communications's purchase, he/she may return a purchase within 2 days of receipt:
15.1.1 If Songimali Communications supply the wrong product or if the product is in any way faulty or damaged, Songimali Communications will exchange it for the correct one. Songimali Communications will make a reasonable effort to exchange the product, but if replacement is not possible, Songimali Communications will refund the purchase price including delivery cost.
15.1.2 Special offers: If we supply the wrong product or if the product is in any way faulty or damaged, we will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and we will refund your purchase price including delivery costs.
15.1.3 If the user is not satisfied with his/her choice and the product is still in mint condition, the user may return it and Songimali Communications will refund the purchase price (excluding delivery costs).
15.1.4 Note that once opened, the following types of goods will not be accepted for a refund and will only be replaced with another copy of the same product: computer software, games and consumables.
15.1.5 All hardware has a one year repair guarantee.
16. GOVERNING LAW
16.1 This site is hosted, controlled and operated from the Republic of South Africa and therefor governed by South African law.
17. PRIVACY
17.1 This site collects private information from users, such information shall not be disclosed to any third party unless agreed upon between the user and Songimali Communications or through due legal process. Users agree that Songimali Communications may, from time to time communicate with users.
17.2 This site uses cookies to customise the site and make a user's experience more user-friendly. Cookies are an industry standard and cannot harm a computer in any way.
17.3 If the user activates the tick box on the relevant pages, Songimali Communications will send the user email messages with news and special offers. If the option is not activated, the user will only receive email concerning orders and delivery status.
18. SECURITY
18.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Songimali Communications suffers any damage or loss.
18.2 The user agrees and warrants that its log-in name and password shall:
18.2.1 be used for personal use only; and
18.2.2 not be disclosed to any third party.
18.3 The user allows Songimali Communications to take all reasonable steps to ensure the integrity and security of the Songimali Communications site and back-office applications.
19. CHANGES TO AGREEMENT
19.1 Songimali Communications may, in its sole discretion, change this agreement or any part thereof at any time without notice.
20. DOMICILIUM
20.1 Songimali Communications chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Unit B4, Offices @ Nature,
Cnr Lynnwood rd & Botterklapperstreet The Willows X60,
Pretoria, South Africa.
21. TERM AND TERMINATION
22.1 This agreement shall commence when the user registers on the Songimali Communications site and continues indefinitely until terminated by Songimali Communications in terms of clause 19 hereto or for any other reason.