Terms of Service

Between the USER and ZARODEK (PROPRIETARY) LIMITED with registration number: 2017/374060/07, with its principal office situated at Block A, 8 Hillside Road, Parktown, 2193 with its chosen email address as compliance@odek.co.za. Throughout the Website, the terms “we”, “us” and “our” refer to ZARODEK (Pty) Ltd.

Introduction
1. This Website can be accessed at www.zarodek.com, related mobi-sites and software applications (the “Website”). The Website enables you to shop online for an extensive range of new and second hand goods including, electronics, gaming, and more (“Goods”);
2. Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell the Goods to you.
3. We confirm that ZARODEK forms part of the ODEK Alliance, more information can be obtained at www.odek.co.za. ZARODEK does not purchase previously used Goods from third parties to be sold on the Website. The second hand Goods on the Website are obtained from within the ODEK Alliance and resold on the Website;
4. We hereby agree to supply, and you hereby agree to make use of certain selected services and purchase selected Goods on the Website;
5. These standard terms and conditions govern the ordering, sale, delivery of Goods and the use of the Website. By visiting the Website and/or purchasing any Goods, you engage in our service and agree to be bound by the terms and conditions set out herein, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This will then constitute a binding agreement between us.
6. By using the Website in any way, you agree that you have read and understood the terms and conditions of this agreement and you acknowledge that these terms and conditions in their entirety shall apply to you. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
7. We reserve the right to amend, modify, update and change any of these terms and conditions and other polices on the Website. It is your responsibility to regularly check the terms and our policies and make sure that you are satisfied with the changes. Your continued use of the Website will be deemed to constitute acceptance of such changes.
Conclusion of Sale and Stock Availability
1. We reserve the right to refuse service to anyone for any reason at any time.
2. We 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 ZARODEK come into effect (the “Sale”). This is regardless of any communication from us stating that your order or payment has been confirmed. We will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
3. 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.
4. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
5. Prices for the Goods are subject to change without notice.
6. We cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
7. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Payment
1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
2. Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method): credit card, debit card, EFT, vouchers, and more;
3. You warrant that you are fully authorised to use the payment method or card supplied for purposes of paying the Goods. You also warrant that your cards and accounts have sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
4. You will be liable for payment of your orders, save where the orders are cancelled by you in accordance with this agreement;
5. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
6. We may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled.
Delivery
1. Our Shipping Policy, which is accessible on the Website forms an integral part of this Agreement and it provides more information about the delivery of Goods;
2. The Shipping Policy is binding between the Parties and is incorporated into this Agreement.
Terms of use
1. The procurement and maintenance of network connectivity is solely your responsibility. We do not accept any responsibility for any lack of connectivity;
2. You will comply with your obligations in terms of this agreement, you will act in good faith and shall do your utmost to avoid bringing the name ZARODEK into disrepute;
3. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks; 
4. You won’t use the service (i) unlawfully; or (ii) for an unlawful or abusive purpose; or (iii) to access or send anything unlawful; or (iv) knowingly or carelessly allow any other person to do so. Examples of such unlawful or abusive use include, for example, infringing another person’s rights, defaming another person, doing anything which may reasonably be considered to be offensive, abusive, discriminatory, indecent or a nuisance, sending spam, hacking, phishing or transmitting anything which contains viruses or other software, code, programmes or files which may damage any software or equipment;
5. 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;
6. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If not, you warrant that you have the consent of a parent/legal guardian to enter into these terms and conditions and the parent/legal guardian agrees to be bound to these terms and conditions and to be liable and responsible for you and all the obligations under these terms and conditions.
Accuracy and Completeness of Information
1. We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk;
2. We have made every effort to display as accurately as possible the colours and images of the Goods that appear on the Website. We cannot guarantee that your display of any colour or Goods will be accurate;
3. We do not warrant that the quality of any Goods, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service or Goods will be corrected;
4. This Website may contain certain historical information, which is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website;
5. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Accuracy of Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases on this Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as required.
Returns
1. Our Returns Policy, which is accessible on the Website forms an integral part of this Agreement and it provides more information about returning Goods (and related refunds, replacements or repairs).
2. The Returns Policy is binding between the Parties and is incorporated into this Agreement.
Upgrades and maintenance
1. We will be doing maintenance on the Website from time to time and Goods and/or services may be temporarily interrupted;
2. We will take all reasonable steps to keep the Website online and available to you but can’t guarantee 100% (one hundred percent) availability due to potential failure of telecommunication lines and unscheduled maintenance.
Communication and Feedback
1. As all transactions are “online”, we require that your device/s be connected to the Internet or mobile network to enjoy the services and Goods offered by us;
2. All communication with you will be via electronic channels;
3. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments;
4. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this agreement;
5. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Third Party links
1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control. This Agreement does not apply to those Third-Party Websites and ZARODEK is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
2. 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.
3. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Privacy and Personal Information
1. Our Privacy Policy, POPIA Compliance Policy and our Promotion of Access to Information Manual, which is accessible through the ODEK website forms an integral part of this Agreement and it describes how we collect and use your personal information.
2. The Privacy Policy and POPIA Policy is binding between the Parties and is incorporated into this Agreement;
Intellectual Property
1. 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, trademarks, designs and service marks which are displayed on or incorporated in this Website (“Intellectual Property”) are protected by law, including but not limited to copyright and trade mark law. The Intellectual Property is and shall remain the property of ZARODEK.
2. You shall not during or at any time after termination of this Agreement acquire or be entitled to claim any right or interest in or to our Intellectual Property or in any way question or dispute our ownership thereof;
3. Any use, distribution or reproduction of the Intellectual Property is prohibited.
4. Where any of the Intellectual Property has been licensed to ZARODEK 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.
Indemnity
1. ZARODEK and/or its directors and/or employees and/or affiliates shall not be liable for any loss, claim, action, expense, damage or injury suffered or sustained by you whatsoever, including attorney’s fees and however pursuant to entering this agreement or as a result of connection with your access to or use of the Website and/or any content therein whether direct or indirect, consequential or contingent and whether foreseeable or not. In particular, we will not be liable for any financial loss, loss of business, profit, savings, revenue or goodwill suffered or sustained by you however arising;
2. 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.
3. You hereby indemnify us against all losses or problems or alleged problems arising from any software installed by us or you on any of your devices;
4. 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". No warranty or representation is made by us, whether express or implied, in relation to the satisfactory quality, completeness or accuracy of the service or Goods offered on the Website;
5. ZARODEK and its Service Providers take the utmost care to select and employ best practices to secure and protect the Website. Despite this care we cannot make any warranty or representation, whether express or implied, that the Website is 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, mobile device, 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, mobile device, network, or hardware or software, We thus disclaim all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website. If any such representations or warranties are made by ZARODEK’s representatives, ZARODEK shall not be bound thereby.
Errors, Inaccuracies and Omissions
1. Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order);
2. We are under no obligation to update, amend or clarify information in the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date, should be taken to indicate that all information on the Website or on any related website has been modified or updated.
Termination and Suspension
1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes;
2. You are free to terminate your use of the Website at any time and cancel your order anytime prior to delivery, provided you do so before receiving a dispatch or delivery notice;
3. We may in our sole discretion terminate, suspend and modify this Website and this agreement, with or without notice to you. You agree that we will not be liable to you in the event that we choose to suspend, modify or terminate this Website or this agreement other than for processing any orders made by you prior to such time, to the extent possible;
4. If you fail to comply with your obligations under this Agreement, 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;
5. We are entitled, for purposes of preventing suspected fraud and/or where we suspect that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or voucher, to blacklist you on our 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 by you, in whole or in part. We accept no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
6. Upon termination of this Agreement for any reason, you shall cease to make use of the services received via the Website. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our services (or any part thereof).
Resolution of Disputes:
1. Any dispute, question or difference arising at any time between the Parties to this Agreement out of or in regard to-
  1. any matters arising out of; or
  2. the rights and duties of any of the Parties hereto; or
  3. the interpretation of; or
  4. the termination of; or
  5. any matter arising out of the termination of; or
  6. the rectification of;
  this Agreement shall if disputed by you, must be addressed via email to compliance@odek.co.za in order to be resolved without the need for formal dispute resolution. If the matter can’t be resolved, it will be submitted to and decided by mediation and arbitration. Such arbitration shall be held in Johannesburg in accordance with the provisions of the current rules for Commercial Arbitrations of the Arbitration Foundation of Southern Africa ("AFSA") (as amended or replaced from time to time); such matter shall be referred to and decided by the arbitrator whose decision shall be final and binding on the Parties to the dispute.
Notices and domicilia
1. The email address and/or delivery address entered by you upon registration on the Website, will be considered your domicilium citandi et executandi ("domicilium") for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement. Upon use of the Website, you are communicating with us electronically. By registering for the Website and accepting the terms of this Agreement, you consent to receiving notices and communication electronically from us. We may provide all communications in electronic format and any notice transmitted by email after 16H00 on a Business Day, shall be deemed to have been received, unless the contrary is proved, on the following Business Day
2. You shall be entitled to vary your domicilium to any other address in the Republic of South Africa by giving ZARODEK not less than 7 days written notice.
Contact Information
1. Questions or complaints about the Terms of Service should be sent to us at compliance@odek.co.za.
2. The Customer Care Number (086 072 5364) is for the purpose of technical support between the hours of 07h00 and 18h00 Monday to Friday and 08h00 to 12h00 on Saturdays.
General
1. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and no Party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein;
2. Any failure on the part of you or ZARODEK to enforce any right in terms hereof shall not constitute a waiver of that right.
3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
4. 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.
5. 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.
6. No Party may cede or assign any rights or obligations under this Agreement without the prior written consent of the other Party which consent shall not be unreasonably withheld;
7. This Agreement 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 this Agreement.
8. This Agreement (and any amendments hereto) may be executed in a number of counterparts, and by different Parties hereto in different counterparts, each of which, when so executed, shall be deemed to be an original, and all of which, taken together, shall constitute one and the same agreement.