Terms & Conditions

Rabitech Terms, Conditions and Returns Policy

1 INTRODUCTION

1.1 This website can be accessed at www.rabitech.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Rabitech Pty (“Rabitech”, “we”, “us” and “our”).

1.2 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4 The Website enables you to shop online for an extensive range of goods and scuba diving related gear (“Goods”).

2 IMPORTANT NOTICE

2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which-

may limit the risk or liability of Rabitech or a third party; and/or

2.3 may create risk or liability for the user; and/or

2.4 may compel the user to indemnify Rabitech or a third party; and/or

2.5 serves as an acknowledgement, by the user, of a fact.

2.6 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Rabitech to explain it to you before you accept the Terms and Conditions or continue using the Website.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Rabitech in terms of the CPA.

Rabitech permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

These Terms and Conditions are divided into three sections, as follows:

Part A – Orders and Sales;

Part B – Privacy Policy; and

Part C – General Legal Terms.

3 RETURNS

Please refer to our Shipping Policy for more information about returning products (and related refunds, replacements or repairs).  The Shipping Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

4 REGISTRATION AND USE OF THE WEBSITE

4.1 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

4.2 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Rabitech representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

4.3 You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.4 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 Rabitech representative.

5 CONCLUSIONS OF SALES AND AVAILABILITY OF STOCK

5.1 Registered users may place orders for Goods, which Rabitech may accept or reject. Whether or not Rabitech accepts 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 authorisation by Rabitech for the Goods.

5.2 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..

5.3 Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold Rabitech liable if such Goods are not available or are not available at the price when you complete or attempt to complete the purchase cycle at a later stage.

5.4 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Rabitech, Rabitech will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Rabitech will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

6 PAYMENT

6.1 Goods are for sale by Rabitech, payment can be made for Goods via –

Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Rabitech will not accept your order if payment has not been received;

6.2 Export restriction

The offering on this website is available to South African clients only.

6.3 Shipping policy

The provision of goods and services by Rabitech is subject to availability. In cases of unavailability, Rabitech will refund the client in full within 10 business days.

6.4 Country of domicile

This website is governed by the laws of South Africa and Rabitech 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.

Rabitech may, in its sole discretion, change this agreement or any part thereof at any time without notice.

7 DELIVERY OF GOODS

7.1 Rabitech offers standard methods of delivery of Goods to you as indicated on the website.

self-collection.

7.2 Please see details of our delivery and shipping terms and conditions.

7.3 Where it accepts your order, Rabitech will deliver the Goods to you as soon as reasonably possible. We will notify you if we are unable to deliver the Goods during the Delivery Period.

Rabitech is not responsible for any loss or unauthorised use of a product.

8 ERRORS

8.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Shipping Policy.

8.2 Rabitech shall not be bound by any incorrect information regarding our products displayed on the website or any third party websites.

9 WEEKLY DEALS AND OTHER DISCOUNTED GOODS

9.1  Weekly Deals (“Deals”) will be available as and when advertised. Deals have a stock limit and may expire earlier if stock runs out.

9.2 Deal quantities are limited and as such, after a Deal is sold out, those Goods may be available on the Website at their normal selling prices (but no longer as a Deal).

9.3 We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of Rabitech.

9.4 Adding a Deal to your cart, or completing your order for a Deal without paying for it, does not reserve the item for you. Rabitech must receive payment from you within 3 days of you placing your order for a Deal, otherwise we will cancel your order.

9.5 Rabitech will reserve stock for customers in the order in which it receives payment. Therefore, if you pay via EFT, you might not get your item because Rabitech may only receive payment from you a few days later, and in the meantime the Deal might sell out to customers paying immediately.

10 PRIVACY POLICY

10.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

10.2 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

your name and surname;

your email address;

your physical address;

your gender;

your mobile number; and

your date of birth.

10.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

10.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

10.5 We will not, without your express consent:

use your personal information for any purpose other than as set out below:

in relation to the ordering, sale and delivery of Goods;

to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);

to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and

to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or

disclose your personal information to any third party other than as set out below:

to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;

to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

to our suppliers for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and

We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.

We will –

treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

Upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

Rabitech undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Rabitech is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

11. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Rabitech, RABITECH SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control that third party.

12 CHANGES TO THESE TERMS AND CONDITIONS

RABITECH may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

13 OWNERSHIP AND COPYRIGHT

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Rabitech, its advertisers and/or sponsors and/or is licensed to Rabitech.

You will not acquire any right, title or interest in or to the Website or the Website Content.

Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

Where any of the Website Content has been licensed to Rabitech or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

14 DISCLAIMER

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.

Whilst Rabitech takes reasonable measures to ensure that the content of the Website is accurate and complete, Rabitech 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. If any such representations or warranties are made by Rabitech representatives, Rabitech shall not be bound thereby.

Rabitech disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Website are not necessarily the views of Rabitech, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Rabitech 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. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Rabitech, its employees, agents or authorised representatives. Rabitech thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

15 LINKING TO THIRD PARTY WEBSITES

This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Rabitech is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

16 LIMITATION OF LIABILITY

Rabitech cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Rabitech, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@Rabitech.co.za

RABITECH SHALL NOT BE 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.

YOU HEREBY INDEMNIFY RABITECH 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.

17 AVAILABILITY AND TERMINATION

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

Rabitech may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Rabitech will not be liable to you if it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

Rabitech is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Rabitech to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Rabitech, in whole or in part, on notice to you. Rabitech shall only be liable to refund monies already paid by you (see Rabitech’s Returns Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

At any time, you can choose to stop using the Website, with or without notice to Rabitech.

18 GOVERNING LAW AND JURISDICTION

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 the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and Rabitech, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in this Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

19 NOTICES

Rabitech hereby selects 43 Mouton Street, Kuils River, Cape Town, 7580, South Africa as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Rabitech may change this address from time to time by updating these Terms and Conditions.

You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Rabitech not less than 7 days’ notice in writing.

Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

by hand will be deemed to have been received on the date of delivery;

by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and

by email will be deemed to have been 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.

20 INFORMATION

For the purposes of the ECT Act, Rabitech’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full name: Rabitech (Pty), a private company registered in South Africa with registration number 1996/037781/23

Main business: Retailer

Physical address for receipt of legal service (also postal and street address): 43 Mouton street, Kuils River, Cape Town, 7580, South Africa (marked for attention: CEO and Legal)

Office bearers: Louis Hattingh

Phone number: +27 21 903 0442

Official email address: info@Rabitech.co.za

21 GENERAL

21.1 Rabitech 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.

21.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

21.3 Any failure on the part of you or Rabitech to enforce any right in terms hereof shall not constitute a waiver of that right.

21.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

21.5 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.

21.6 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.

21.7 These Terms and Conditions contain the whole agreement between you and Rabitech and no other warranty or undertaking is valid, unless contained in this document between the parties.

RABITECH PTY

43 Mouton street, Kuils River, Cape Town, 7580, South Africa 021 903 0442

Any questions regarding this promotion should be directed to Rabitech on info@rabitech.co.za