- WHEREAS Lightning Ship S.A. (Proprietary) Limited (the “Company”) a private company registered in South Africa with registration number 2020/257 199/07 and 2 (Director(s)/Member(s)/Owner(s)), has created a website (“Site”) which can be accessed at lightningshipstore.com. The Company is the owner and operator of the website and it has set up the website to enable its customers to purchase its products online.
- In order to efficiently promote the purchase and sale of its goods, the Company wishes to set down the following Terms and Conditions which are binding and enforceable against every person that accesses or uses this Website, including without limitation each user who registers as contemplated below (“registered user”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions.
- The Site enables you to shop online for an extensive range of goods and it allows third-party sellers to list and sell their Goods on the Site (each a “Third Party Seller”). LIGHTNING SHIP will indicate on relevant product pages and check out pages when Goods are for sale by a Third Party Seller.
- LIGHTNING SHIP (PTY) LTD is a business in the fast moving consumer goods industry that trades online.
USE OF SITE
- The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register to use or access the Site. All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Site.
INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.
- The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised LIGHTNING SHIP SA representative.
OBLIGATIONS OF USERS
- By using the Site , you represent and warrant that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity and you agree to comply with these Terms and Conditions;
- you are not under the age of 18 or you have the permission of your guardian to use this site if you are below 18 years of age
- you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Site for any illegal or unauthorized purpose;
- your use of the Site will not violate any applicable law or regulation.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
- To register as a user, you must provide a unique username and password and provide certain information and personal details to the Company. You will need to use your unique username and password to access the Website in order to purchase
- You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, if such username is inappropriate, obscene, or otherwise objectionable.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and
- You agree to notify the Company immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or
- We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
- All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
- We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
- The acceptance of an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorization by the Company for the Goods.
- The Company will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and LIGHTNING SHIP SA come into effect. This is regardless of any communication from the Company stating that your order or payment has been confirmed.
- We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. You agree to pay all charges due to the Company for your purchases and any applicable delivery or courier fees.
- We accept the following forms of payment: payfast, paypal . You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Value added tax will be added to the price of purchases as deemed required by us and we may change prices at any time.
- Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the LIGHTNING SHIP (PTY) LTD bank account, the details of which will be provided on request.
CARD ACQUIRING AND SECURITY: Card transactions will be acquired for (Your Company) via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- CUSTOMER DETAILS SEPARATE FROM CARD DETAILS:
Customer details will be stored by LIGHTNING SHIP (PTY) LTD separately from card details which are entered by the client on DPO PayGate’s secure site.
For more detail on DPO PayGate refer to www.paygate.co.za.
MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY: The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
LIGHTNING SHIP (PTY) LTD takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
customer service and support, dispute resolution and delivery of goods.
COUNTRY OF DOMICILE
This website is governed by the laws of South Africa and LIGHTNING SHIP (PTY) LTD 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 100 Electron Ave, Isando, Kempton Park, Johannesburg, 1600 .
- The Company offers two methods of delivery of goods to you. You may elect delivery via courier or self-collection. You will see the applicable delivery charges in your cart when you check Our delivery charges are subject to change at any time, without prior notice to you.
- Where it accepts your order, the Company will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- The Company’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the delivery personnel may request you to provide your identification document to verify your identity before the goods are delivered.
Subject to availability and receipt of payment, requests will be processed within 14 days and delivery confirmed by way of email or phone
- Returns and related refunds, replacements and repairs are governed by our Returns Policy which forms part of these Terms and Conditions.
The provision of goods and services by LIGHTNING SHIP (PTY) LTD is subject to availability. In cases of unavailability, LIGHTNING SHIHP (PTY) LTD will refund the client in full within 30 days. Cancellation of orders by the client will attract a 2.5% administration fee.
- You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- make any unauthorized use of the Site, including but not limited to circumventing, disabling, or otherwise interfering with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”;
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
- use the Site in a manner inconsistent with any applicable laws or regulations.
- By visiting the Website or sending emails to us and completing online forms, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically i.e. via email and on the Site and such communications shall discharge any legal requirement that such communication be in writing.
THIRD PARTY WEBSITES & CONTENT
23. As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
24. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
25. By granting the Company access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
26. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.
27. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
28. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
29. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
SUPPLEMENTARY TERMS AND CONDITIONS
30. Supplementary terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. The Company reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
31. It is therefore your responsibility to periodically review these Terms and Conditions to stay informed of any changes. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the revised Terms and Conditions are posted.
32. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
34. LIGHTNING SHIP (PTY) LTD shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
34. We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
35. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
36. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
37. Whilst the Company takes reasonable measures to ensure that the content of the Website is accurate and complete, it makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
38. In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
LIMITATION OF LIABILITY
39. The Company shall not be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website and it shall not liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
40. You hereby indemnify the Company against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
GOVERNING LAW AND JURISDICTION
41. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of South Africa.
42. To expedite resolution and control the cost of any dispute, controversy, or claim arising between the parties, you agree that any dispute arising will be resolved through negotiation with the Company and if the dispute is not resolved through negotiations within six weeks of the dispute arising. If the Parties are unable to resolve the dispute through informal negotiations, either party will be free to approach the Magistrates Court of competent jurisdiction..
43. The Company hereby selects ………………………………………………………., as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions and which address may change from time to time by updating these Terms and Conditions.
44. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address giving the Company not less than 7 days’ notice in writing.
45. All notices shall be delivered by hand to the party’s delivery address or via email to the party’s nominated email address.
46. Notice delivered by hand and will be deemed to have been received on the date of delivery. All notices by email will be deemed to have been delivered on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
47. In order to resolve a complaint regarding the Website or goods purchased, please contact us at:
LIGHTNING SHIP SA (Pty) Ltd,
Physical address for receipt of legal service: 100 Electron Ave, Isando, Kempton Park, 1600
(marked for attention : Tonderai
Phone number: 0794860916
Email address: [email protected]
48. The Company may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
49. LIGHTNING SHIP (PTY) LTD may, in its sole discretion, change this agreement or any part thereof at any time without notice.
50. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
51. Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
52. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
53. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
54. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
55. These Terms and Conditions contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.