TERMS AND CONDITIONS FOR SERVICES AND PRODUCTS OF WCCTV PROPRIETARY LIMITED
Preamble
A. WCCTV (Pty) Ltd, with registration number: 2019/367235/07 (hereinafter referred to as “WCCTV”) is a South African Company that supplies security cameras, surveillance and related CCTV products and service to customers in Southern Africa trough preferred affiliates.
B. WCCTV reserves its right to choose which clients to do business with. This decision is made at its sole discretion.
1 Interpretation
The headings of the clauses in this agreement are for purposes of convenience and reference only and shall not be used in the interpretation, nor modify or amplify the terms of this agreement nor any clause hereof. Unless a contrary intention appears-
1.1 Words importing
1.1.1 any one gender includes the other gender;
1.1.2 the singular includes the plural and vice versa; and
1.1.3 a natural person includes juristic persons (corporate or unincorporated) and vice versa.
1.2 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 References to clauses and annexures are to the clauses and annexures of this agreement, references to paragraphs are to paragraphs of the relevant annexures to this agreement.
1.4 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the agreement.
1.5 When any number of days is prescribed in this agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day is not a business day, in which case the last day shall be the next succeeding business day.
1.6 The expiration or termination of this agreement shall not affect such of the provisions of this agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
2 Definitions
2.1 The definitions and rules of interpretation in this clause apply to this agreement.
2.1.1 “Affiliates” means a supplier of the products to customers who are affiliated with WCCTV and also are licensed to market and supply documents under the name of WCCTV.
2.1.2 “Agreement” means the terms and conditions contained herein;
2.1.3 “Acceptance Testing” means the testing by the customer of the product to determine whether the product complies with the specifications and documentation upon the Terms & Conditions set out in this agreement;
2.1.4 “Budget quote or estimation” means an invoice or statement for projected prices of products to be supplied;
2.1.5 “Commencement Date” means the date the order is placed and payment of the quotation has been received by WCCTV and/or its affiliates;
2.1.6 “Confidential Information” means any information received and transmitted by and between the customer and/or WCCTV and/or its affiliates, unless a Court of Law directs otherwise;
2.1.7 “Customer” means the person to whom the products are marketed, sold, supplied and/or installed;
2.1.8 “Documentation” means the documentation in respect of the product as provided by WCCTV and/or its affiliates to the customer including but not limited to all e-mail communications, invoices, and statements;
2.1.9 “Final Quote” means the quotation for the products which the customer has accepted and paid;
2.1.10 “Products” means the products and related service provided by WCCTV and/or its affiliates to the customer as specified and requested on the order submitted either through the website or otherwise to WCCTV and/or its affiliates;
2.1.11 “Maintenance and Support Services” means the performance of scheduled and/or preventative maintenance services required for the purpose of ensuring the continued functionality of the products as agreed upon between the client and WCCTV and/or its affiliates during installation of the products;
2.1.12 “Order” means the request for products to be made available to the Customer to be confirmed by a budget quote or estimation;
2.1.13 “Parties” means WCCTV and/or its affiliates and /or the customer;
2.1.14 “Services” means the
(i) Procurement and delivery of the products by WCCTV and/or its affiliates to the Customer;
(ii) Maintenance and Support services to be provided as set out in this agreement; and
(iii) Related service of having the product installed as per the order;
2.1.15 “Service provider/manufacturer” means the supplier of products to WCCTV and/or its affiliates;
2.1.16 “Specifications” means the technical and functional specifications relating to the product as provided by the Service Provider;
2.1.17 “Warranty Period” means the period during which the products have a WCCTV warranty as provided by the Supplier of the equipment;
2.1.18 “WCCTV” means WCCTV Property Limited a company with limited liability registered in accordance with the law of South Africa with registration number 2019/367235/07.
2.1.19 “Website” means the WCCTV website.
3 Commencement
3.1 The agreement shall commence on the issuing of the budgeted quote and payment received from the customer, which has been charged by WCCTV and/or its affiliates.
3.2 The commencement of the order shall only be attended to after the payment has been cleared by WCCTV and/or its affiliate’s banks and all related products had been received by WCCTV and/or its affiliates from all Service Providers concerned.
4 Procurement and delivery of the product
4.1 WCCTV and/or its affiliates shall procure and deliver the product on behalf of the customer within the timeframes provided by WCCTV and/or its affiliates and which delivery times are at all material times at the discretion of WCCTV and/or its affiliates and can be changed at any time by WCCTV and/or its affiliates.
4.2 The product shall be delivered to the sites specified in writing by the customer, and shall be subjected to Acceptance Testing in accordance with the provisions of this agreement.
4.3 Risk in and to the product shall pass to the customer upon delivery and signing of acceptance of the products.
4.4 All title to and ownership of the product shall pass to the customer after full payment has been received by WCCTV and/or its affiliates.
4.5.1 Online Purchases via Paygate
4.5.1.1 Delivery policy
Subject to availability and receipt of payment, requests will be processed within 2-5 days and courier delivery or collection confirmed by way of email.
4.5.1.2 Return and Refunds policy
The provision of goods and services by VTCCW is subject to availability. In cases of unavailability, WCCTV will refund the client
in full within 30 days. Cancellation of orders by the client will attract a 10 % administration fee.
4.5.1.3 Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the WCCTV bank account, the details of which will be provided on request.
4.5.1.4 Card acquiring and security
Card transactions will be acquired for WCCTV 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.
4.5.1.5 Customer details separate from card details
Customer details will be stored by WCCTV 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.
4.5.1.6 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).
4.5.1.7 Responsibility
WCCTV 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.
4.5.1.8 Country of domicile
This website is governed by the laws of South Africa and WCCTV 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 11, Hi’Ilani, Elnita Ave, Northwold, Randburg, Gauteng, South Africa.
4.5.1.9 Variation
WCCTV may, in its sole discretion, change this agreement or any part thereof at any time without notice.
4.5.1.10 Company information
This website is run by WCCTV (Pty) Ltd based in South Africa trading as WCCTV and with registration number 2019/367235/07
4.5.1.11 WCCTV contact details
Company Physical Address: Unit 12, Hi’Ilani, Elnita Ave, Northwold, Randburg
Email: sales@wcctv.co.za
Telephone: 011 792 8059
5 Installation services
5.1 WCCTV and/or its affiliates, unless stated otherwise, shall install the product at the sites designated in writing by the customer within the timeframes set by WCCTV and/or its affiliates.
5.2 Once the product, installation materials and the equipment had been delivered to the customer, it is the responsibility of the customer to ensure the safe storage of the product installation material and equipment at all material times.
5.3 If any product is found with defects during the installation period, it will be replaced or repaired. This is provided that the product installation material and/or equipment had not been tampered with by the customer or any other third party subject to the acceptance testing being completed by the customer. In the event of the acceptance testing not being completed by the customer, WCCTV and/or its affiliates will deem that the acceptance testing was effected by the customer as at date of delay or installation.
5.4 The party responsible for the installation shall at all material times be a WCCTV and/or its affiliate’s qualified technician.
5.5 WCCTV and/or its affiliates do not accept any responsibility for any product that is vandalised, damaged, stolen, misused and/or abused, by the customer and/or any third party after it was delivered while WCCTV and/or its affiliates are still working on site to install the product.
5.6 It is the responsibility of the customer to supply electrical power points and a suitable internet connection that are close enough for the product and to conduct the installation. These items may be quoted for separately by WCCTV and/or its affiliates, if this is required for the installation.
5.7 Once the installation is complete, the customer has a 7 day acceptance testing period to make WCCTV and/or its affiliates aware of any workmanship that might not be up to standard. During this period, WCCTV and/or its affiliates will come out, free of charge to attend to the concern.
5.9 Any maintenance visits after the acceptance testing period will be charged at a call-out fee charged by WCCTV and/or its affiliates. Call-out fees outside a 50km radius of WCCTV and/or its affiliates, will include a standard travel fee per kilometer which will be charged in addition.
6 Grant of warranty
6.1 The product has a warranty as provided by the Service Provider.
6.2 The warranty does not cover surge, lightning or water damage or any other damage due to external forces. WCCTV and/or its affiliates will inspect the product and perform an evaluation to see what the cause of the damage was before the warranty will be considered.
6.3 Maintenance at the customer’s premises is charged at a rate set by WCCTV and/or its affiliates.
6.4 Warranty on any installation work is limited to 6 month from date of installation.
7 Maintenance and support services
7.1 WCCTV and/or its affiliates shall provide maintenance and support services in respect of the product until acceptance testing is complete.
7.2 Installation shall be complete upon the customer signature for and acceptance of same.
7.3 The customer shall promptly report any errors, faults or defects in the product to WCCTV and/or affiliates by escalating such errors, faults or defects via WCCTV and/or its affiliate’s service desk as set out in this agreement.
7.4 Labour is payable on completion of the installation, before remote viewing setup commences.
7.5 A credit will be given to the client for any unopened cable rolls that are left after the completion of the installation. This amount will be deducted from the last labour payment of the installation. In the event of additional equipment, cables and/or supplies being required, WCCTV and/or its affiliates shall charge such additional equipment, cables and or supplies to give effect to the customer’s installation and the customer shall be liable upon delivery of such service.
8 Fees and payment
8.1 The fees and charges applicable to the product are set out in the quote and accepted by the customer.
8.2 The fees and charges shall be as set out in the final quote.
8.3 The product supply is subject to:
8.3.1 All products must be paid in full on order.
8.3.2 Remote viewing will be set up upon receipt of payment in full. In the event of the customer requesting additional IT services, such request and equipment, costs and disbursement is at the discretion of WCCTV and/or its affiliates.
8.3.3 Any additional labour that is requested by the customer during any installation will be charged for separately, based on the final quote between WCCTV and/or its affiliates and the customer.
8.3.4 Cabling, conduiting and trunking is always quoted as an estimate. Any additional cabling, conduiting or trunking that may be required during the installation is payable on final quote.
8.3.5 If the customer’s item(s) is/are not in stock after it has been ordered and paid for, WCCTV and or its affiliates will put the customer’s order on the back order system. The customer will then be e-mailed with the option to cancel the order if the customer would rather not wait, otherwise WCCTV and/or its affiliates will e-mail the customer when the product is available from the Service Provider within the arranged delivery period.
9 Refund Policy:
9.1 The products are purchased directly by WCCTV and/or its affiliates from the Service Provider on order from the customer.
9.2 In the unlikely event of the product being delivered by WCCTV and/or its affiliates, and it that does not live up to the specifications that were quoted originally, a refund may be requested WITHIN 7 DAYS OF PURCHASE.
9.3 The purchase of the product is considered final and irreversible within 7 days of delivering of the products. The purchase of special imports is considered final and irreversible as soon as payment has been made.
9.5 Customers may request equipment to be replaced with other equipment if the scope of the installation changes. In this case the customers might request WCCTV and/or affiliates to return the equipment to the supplier on their behalf. All transport and handling fees will be deducted from the refund that WCCTV and/or its affiliates may request. This is entirely at the discretion of WCCTV and/or its affiliates and is possible within 7 days after the product was delivered.
9.6 The final decision, whether the items may be accepted for a refund rests at the discretion of WCCTV and/or its affiliates after the equipment and packaging has been inspected by the Service Provider at the premises of the customers and returned undamaged to the satisfaction of WCCTV and/or its affiliates and/or Service Provider.
9.7 WCCTV and/or its affiliates and/or Service Provider may charge a handling fee of up to 10% for items that are returned for a refund.
9.8 Both the return policy and this Terms & Conditions of WCCTV and/or its affiliates and/or Service Provider must be adhered to if the customers are to benefit from a refund.
9.9 Payments for returned products are made via EFT into the customers’ bank account at a time and date determined by WCCTV and/or its affiliates and/or Service Provider.
9.10 Products must be returned in the original condition and in the original packaging directly to WCCTV and/or its affiliates and/or Service Provider.
9.11 All transport and postage fees of getting the products back to WCCTV and/or its affiliates and/or Service Provider will be for the customer’s account.
9.12 Installation specific products that have been ordered by the customer and have been delivered by WCCTV and/or affiliates to the premises of the customer are non-refundable.
10 Equipment deliveries via courier
10.1 In remote areas, where equipment gets delivered via a courier before the installation, the equipment must be paid in full on order. All sales are subject to the Terms & Conditions set out herein.
10.2 The customer can phone or e-mail WCCTV and/or its affiliates, quoting the order number to get an update on the order status. WCCTV and/or its affiliates will send the customer an invoice/receipt by e-mail after the order has been shipped.
11 Specialised import orders
11.1 Specialised import orders need to be paid on order and are deemed irreversible.
11.2 Estimated delivery dates are set by WCCTV and/or its affiliates.
11.3 If stock is unavailable, WCCTV and/or its affiliates will notify the customer in writing and give them the option to cancel the order.
11.4 PLEASE NOTE: Expected delivery dates or times are given as a guide only. WCCTV and/or its affiliates cannot be held liable for any losses or costs incurred from delivery at a different date or time.
12 Shipping
12.1 The courier will only deliver to a South African street address.
12.1 A signature is required on all deliveries.
12.2 All items are delivered between Monday and Friday, between 8.00am and 17.30pm.
13 Light goods
13.1 The customer’s order will be delivered by the chosen carrier.
13.2 If no-one is available to sign for the item at the delivery address when the carrier calls, the courier will make arrangements with the customer. The arrangement for delivery is solely the responsibility of the customer.
14 Heavy goods
14.1 The product will be dropped off at a ground floor location, where possible at the customer’s front door.
14.2 The carrier will not be able to deliver the item via any stairs or via a lift. The customer will need to position the item himself and remove the packing materials.
14.3 PLEASE NOTE: The customer will need to ensure floor loadings are not exceeded and indemnify WCCTV and/or its affiliates and/or courier against any damages.
14.4 The customer will need to ensure that appropriate parking or a loading bay is available for the carrier’s vehicle.
14.5 The customer will also need to ensure there is clear access along the entire delivery route for the item ordered and the carriers moving equipment, including through all doorways.
14.6 The customer will need to ensure the installation site is clear.
14.7 WCCTV and/or its affiliates may ask the customer to complete a Heavy Goods Delivery Form or related form to confirm these details before the order is dispatched.
14.8 The carriers may charge WCCTV and/or its affiliates a fee if a delivery has to be aborted. If a delivery is aborted because the customer has supplied inaccurate or incomplete information, or the delivery site has not been prepared as agreed, or the customer is not available on the scheduled delivery day to receive an item, WCCTV and/or its affiliates reserves the right to recover the aborted delivery charge from the customer.
14.9 There may be a charge if the customer instructs WCCTV and/ or its affiliates to change the delivery address after the order has been dispatched.
15 Intellectual property
15.1 The customer acknowledges and agrees that the WCCTV and/or the technician and/or Service Provider shall own and retain all rights in and to the Intellectual Property embedding the product.
16 Confidentiality
16.1 Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this agreement.
16.2 Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access, is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.
17 Termination
17.1 Either Party may terminate this agreement if the other Party commits a material breach and fails to remedy such breach within 7 days written notice by the other Party.
18 Force majeure
18.1 Neither Party shall have any liability to the other Party for any losses which are a result of such Party’s failure to perform under this agreement to the extent that such Party is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood or storm.
19 Waiver
19.1 A waiver of any right under this agreement is only effective if it is in writing and signed by all the parties involved.
19.2 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.
20 Severance
20.1 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
20.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
21 Entire agreement
21.1 This agreement and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
21.2 Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement, other than as expressly set out in this agreement.
22 Assignment
22.1 WCCTV and/or its affiliates shall not, without the prior written consent of the customer, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement or as dealt with in this agreement.
23 Notices
23.1 Each of the Parties chooses their respective addresses set forth in the quote received by the customer, for the purposes of giving any notice, the payment of any sum, the serving of any process and for any other purposes arising from this agreement.
24 Governing law and jurisdiction
24.1 This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of South Africa.
24.2 The parties irrevocably agree that an accepted court in South Africa has jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
25 Execution in counterparts
25.1 This agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same agreement as at the date of signature of the party that signs its counterpart last in time.
26. Website Terms of Use
26.1 Website terms and conditions of use
26.2 Should any person that accesses the Website disagree with any of the Terms, the customer must refrain from accessing the Website and/or using the services of WCCTV and/or its affiliates.
26.3 If the customer is under the age of 18, the customer must obtain his/her parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms & Conditions before purchasing any products or services.
26.4 WCCTV and/or its affiliates reserve the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms & Conditions. Such amendments shall supersede and replace any previous Terms & Conditions and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the customer shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by WCCTV and/or its affiliates from time to time. If the customer is not satisfied with the amended Terms & Conditions, the customer should refrain from using the Website.
26.6 If there is anything in these Terms & Conditions that is unclear, it is the responsibility of the customer to confirm his/her indemnity.
27 Content of the website
27.1 WCCTV and/or its affiliates reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.
27.2 WCCTV and/or its affiliates reserve the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.
27.3 WCCTV and/or its affiliates may use the services of third parties to provide information on the Website. WCCTV and/or its affiliates have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The customer agrees that such information is provided “as is” and that WCCTV and/or its affiliates and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
27.4 WCCTV and/or its affiliates makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
27.4.1 WCCTV and/or its affiliates does not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. WCCTV and/or its affiliates expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non- infringement, compatibility, security and accuracy;
27.4.2 Whilst WCCTV and/or its affiliates has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
27.4.3 WCCTV and/or its affiliates disclaim any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which WCCTV and/or its affiliates receive it and statements from external parties are accepted as fact.
28 Linked third party websites and third party content
28.1 WCCTV and/or its affiliates may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and WCCTV and/or its affiliates does not endorse, nor does the inclusion of any link imply WCCTV’ and/or its affiliate’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
28.2 While WCCTV and/or its affiliate’s tries to provide links only to reputable websites or online partners, WCCTV and/or its affiliates cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of WCCTV and/or its affiliates. WCCTV and/or its affiliates are not responsible for and give no warranties or make any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
28.3 The customer agree that WCCTV and/or its affiliates shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that the customer may have with any linked websites, including advertisers, found on the Website, are solely between the customer and the third party website.
29 Usage restrictions
29.1 The user hereby agrees that it shall not itself, nor through a third party:
29.2 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms & Conditions;
29.3 decompile, disassemble or reverse engineer any portion of the Website;
29.4 write and/or develop any derivative of the Website or any other software program based on the Website;
29.5 modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of WCCTV and/or its affiliates;
29.6 without WCCTV’s and/or its affiliates’ s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
29.7 remove any identification, trademark, copyright or other notices from the Website;
29.8 post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
29.9 notwithstanding anything contained to the contrary in these Terms & Conditions, use the Website for any purpose other than personal, non-commercial and information purposes.
30 Risk, limitation of liability and indemnity
30.1 The user’s use of this website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
30.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall WCCTV and/or its affiliates be liable for any loss, harm, or damage suffered by the user as a result thereof. WCCTV and/or its affiliates reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should WCCTV and/or its affiliates deems it necessary.
30.3 To the extent permissible by law:
30.3.1 Neither WCCTV, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if WCCTV knows or should reasonably have known or is expressly advised thereof.
30.3.2 The liability of WCCTV and/or its affiliates for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to service provider rectifying the malfunction, within a reasonable time and free of charge, provided that service provider is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of WCCTV and/or its affiliates. However, in no event shall the Service Provider be liable to the user for loss of profits or special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
30.3.3 The customer hereby unconditionally and irrevocably indemnify WCCTV and/or its agree to hold WCCTV and/or its affiliates free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by WCCTV and/or its affiliates or instituted against service provider as a direct or indirect result of:
30.3.3.1 The customer’s use of the website;
30.3.3.2 Software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of WCCTV and/or its affiliates;
30.3.3.3 the failure to comply with any of the terms or any other requirements which WCCTV and/or its affiliates may impose from time to time;
30.3.3.4 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
30.3.3.5 any unavailability of, or interruption in, the service which is beyond the control of WCCTV and/or its affiliates.
30.4 Service Provider makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. The customer expressly waive and renounce all his/her rights of whatever nature that he/she may have against service provider for any LOSS suffered by the customer, as a result of information supplied by service provider being incorrect, incomplete or inaccurate.
31 General clauses
31.1 These Terms & Conditions shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
31.2 This Website is controlled, operated and administered by WCCTV and/or its affiliates from its offices within the Republic of South Africa. WCCTV and/or its affiliates make no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
31.3 WCCTV and/or its affiliates does not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of the control of WCCTV and/or its affiliates.
31.4 If any provision of these Terms & Conditions is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms & Conditions and the remaining provisions shall be enforced to the full extent of the law.
31.5 WCCTV’s and/or its affiliate’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
31.6 The customer shall not be entitled to cede its rights or assign its rights or delegate its obligations in terms of these Terms & Conditions to any third party without the prior written consent of WCCTV and/its affiliates.
31.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
31.8 The head notes to the paragraphs to these Terms & Conditions are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
31.9 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
31.10 These Terms & Conditions set forth the entire understanding and agreement between WCCTV and/or its affiliates and the customer with respect to the subject matter hereof.
