1. Introduction

1.1 This website is owned and operated by Cloud Storage SA (“Cloud Storage SA”, “we”, “us”, “our”). The use of https://www.cloudstoragesa.com (“the Website”), and/or the ordering, sale and delivery of goods are subject to the following terms and conditions (“the Terms of Use”).

1.2 These Terms of Use are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”). By using the Website and/or by registering as a user, you acknowledge that you have read and agree to be bound by these Terms of Use.

1.3 Please read these Terms of Use carefully – they constitute a fully binding agreement between you and Cloud Storage. If you do not agree to these Terms of Use, you are prohibited from using the Website in any way.

2. Consumer Protection Act 68 of 2008

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

2.2 These Terms of Use contain provisions which:

2.2.1 limit the risk or liability of Cloud Storage SA;

2.2.2 create risk or liability for you;

2.2.3 compel you to indemnify Cloud Storage SA or a third party; and/or

2.2.4 serves as an acknowledgement, by you, of a fact.

2.3 If there is any provision in these Terms of Use that you do not understand, it is your responsibility to ask Cloud Storage to explain it to you before you continue using the Website.

2.4 Nothing in these Terms of Use 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 Cloud Storage in terms of the CPA.

3. Registration and use of the Website

3.1 By accessing and/or using this Website you warrant that you are eighteen (18) years of age (or older), and have full legal capacity.

3.2 If you are under the age of eighteen (18), or if you lack legal capacity, then you may only use this Website with consent of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms of Use, and to be liable and responsible for you and all your obligations under these Terms of Use.

3.3 To register as a user, you must provide a unique username and password; and provide certain personal information to Cloud Storage SA – any personal information processed by Cloud Storage SA will be processed in accordance with the Protection of Personal Information Act 4 of 2013, and in terms of our Privacy Policy.

3.4 You agree and warrant that you will not disclose your username and password to any third party and that is shall only be for personal use. Moreover, for security purposes, you agree to enter the correct username and password whenever accessing the Website, failing which you will be denied access.

3.5 You agree to notify Cloud Storage SA immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

4. Conclusion of Sale

4.1 Users may place orders for any servicescontained on the Website (“Services”), which Cloud Storage SA may accept or reject

4.2 Placing an order on the Website does not constitute an agreement of sale – whether or not Cloud Storage SA accepts an order for Services via the Website depends on the availability of Services, correctness of the information relating to the Services (such as the price), and receipt of payment for the Services.

4.3 Notwithstanding any communication from Cloud Storage SA stating that your order or payment has been confirmed, Cloud Storage SA will indicate the acceptance of your order by delivering the services to you, or by allowing you to physically collect the Services, as the case may be, and only at that point will an agreement of sale between you and Cloud Storage SA come into effect. In the event an order needs to be rejected, Cloud Storage SA will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

4.4 You acknowledge that stock of all Services on offer is limited. In the case of Services for sale by Cloud Storage SA, we 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 and when Services are no longer available after placing an order, Cloud Storage SA will notify you, and you will be entitled to a refund.

5. Payment

5.1 We committed to ensuring you are able to pay for any Services from the Website via a secure, online payment facility. All transactions are encrypted using appropriate encryption technology and payment can be made for Services via:

5.1.1 Credit or Debit card via PayFast: If you use a credit or debit card via Payfast to pay for the Services, you warrant that you are fully authorised to use the credit/debit card supplied for purposes of paying the Services. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

6. Vouchers, Coupons and Referral Bonuses

6.1 Cloud Storage SA may make electronic gift vouchers (“Vouchers”) and electronic promotional coupons (“Coupons”) available for use on the Website towards the purchase of Cloud Storage SA services. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended, unless agreed to in writing between us and you.

6.2 Vouchers:

6.2.1 are valid for three years after sale. If your Voucher has not been used within that period, it will expire.

6.2.2 cannot be used to buy other Vouchers or Coupons, and are not transferable: they are only eligible for redemption via the original email address that they were sent to.

6.2.3 do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

6.3 Coupons:

6.3.1 are issued electronically in Cloud Storage SA sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

6.3.2 generally, and unless specified otherwise on the specific Coupon itself: may only be used once with promotional offers on the Website; only one Coupon can be used per person unless Cloud Storage SA specifies otherwise; and the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you;

6.3.3 cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.

7. Website Promotions

7.1 If Cloud Storage SA is running a special on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website will automatically apply the promotion of greater value or benefit to you.

7.2 From time to time Cloud Storage SA will run promotions. These promotions will either be on selected products or site wide. For each promotion, there will be specific terms and conditions shown on all marketing material. Promotions may require the customer to apply the stated promo-code to their cart during the check-out process.

7.3 Promo-code discounts, even if site wide, will only apply to physical product. No promo-code discount will be applied to gift vouchers/cards.

 

8. Disclaimers and Important Information

8.1 Although Cloud Storage SA has taken all reasonable steps to guard against viruses or destructive codes, it gives no warranty that the Website is free of viruses or any other data or code that has the ability to corrupt or affect your system.

8.2 The use of the Website in any form is entirely at the users’ own risk and the Website is provided “as is”.

8.3 Cloud Storage SA is not liable for any damages whatsoever relating to your use of and/or access of the Website in any manner, howsoever arising, including instances of loss caused by the negligence of Cloud Storage SA and/or its affiliates, partners or representatives.

8.4 Cloud Storage SA may, in good faith, provide links that would appear useful to its users. However, it does not make any representation regarding these websites, links or information and does not endorse the products and/or services offered on those sites. Cloud Storage SA accepts no responsibility for the content or use of such websites or the information contained therein.

8.5 Unless otherwise noted, the contents of this website are subject to intellectual property rights that vest in Cloud Storage SA, or that vest in other entities. You are thus prohibited from using the content in this Website, its related web pages, social media channels, electronic or written publications or any other media and/or words, phrases, names, designs or logos that are Cloud Storage SA or any other entities trade marks without express written permission or unless used in accordance with these Terms of Use.

8.6 All information, products and prices available on the Website is subject to change without notice.

9. Site Security and Prohibited Activity

9.1 You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. In terms of the Electronic Communications and Transactions Act No. 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this Website, or to otherwise interfere with the proper functioning thereof or to intercept any data pertaining to or relating thereto. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

9.2 In using the Website, you must not:

9.2.1 post, send or otherwise transmit to or through the Service any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that Cloud Storage SA in its sole discretion does not wish posted or transmitted on the Website;
9.2.2 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
9.2.3 upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; violate any applicable laws or regulations; or assist or permit any persons in engaging in any of the activities described above.

10. Limitation of Liability and Indemnity

10.1 In addition to clause 10 above, and to the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Cloud Storage SA, its affiliates, employees, agents or representatives be liable for any compensatory, punitive, direct, indirect, special or consequential damages that result from the use of, or the inability to use, the materials or any information in or on the Website.

10.2 In no event shall Cloud Storage SA, its affiliates, employees, agents or representatives’ total liability to you for all damages, losses, and causes of action (whether in contract, delict or otherwise) exceed five hundred South African Rand.

10.3 You agree to indemnify, defend and hold Cloud Storage SA, its affiliates and/or any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with this Website.

11. General

11.1 Cloud Storage SA may revise these Terms of Use at any time without notice. Although we will endeavor to highlight any changes to these Terms of Use, you should revisit the Website periodically to make sure you are aware of the most recent terms, because they will be binding on you..

11.2 In terms of the Electronic Communications and Transactions Act 25 of 2002, you are hereby informed that: