Legal

Terms & CONDITIONS

Legal

Terms & CONDITIONS

Introduction

When you use the NOMU website to purchase any products or in any way utilise any other services offered via the NOMU website, you are deemed to have read, understood and agreed to these terms as unmodified by you. Should you not agree to these terms do not continue to use the NOMU website.

Important clauses that limit our responsibility or involve some risk for you may be in bold and italics. You must pay special attention to these clauses.

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). These Terms and Conditions include the Website Terms and Conditions of Use, the Copyright Notice and various policies listed here “www.nomu.co.za” (collectively “the Terms”). Please make sure you read and understand these policies which deal with various aspects of our relationship with you including how we deal with your personal information and reviews.

No sales representative, affiliate, dealer, agent, officer or employee of NOMU has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you and our activation or provision of any services to you does not indicate our acceptance of any changes made by you to our Terms.

Definitions

‘Business Day’ means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa;

‘Business Hours’ means the hours between 08h30 and 17h00 on a Business Day;

‘Effective Date’ means the date on which you accepted the terms and conditions for  a service or product, be that in writing or by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone, including telephonic acceptance;

‘ECT Act’ means the Electronic Communications and Transactions Act, 2002;

‘Intellectual Property Rights’ means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978;

Marks means any trademarks, logos, brand names, domain names or other marks of NOMU;

NOMU, we, us and our means NOMU (Pty) Limited, Registration 2002/025309/07 ;

Conclusion of Agreement and ECT Act

You warrant that you have the contractual capacity to enter into this Agreement with us.  If the Agreement is signed by a person acting in a representative capacity on your behalf, the signing party hereby warrants that all of the information relating to the entity, partnership, association or other person whom he/she represents and which he/she has supplied to NOMU at any time will be true, accurate and complete.  NOMU reserves the right to treat all misrepresentations by you as a fraud and you indemnify NOMU against any loss or damage that NOMU may sustain resulting from such misrepresentation.

The provisions of the ECT Act apply to transactions and communications that are executed electronically by a natural person. It does not apply to juristic persons or paper-based transactions, e.g. where you apply for a service or product by completing an agreement in writing.

You acknowledge that NOMU will provide you with an opportunity in respect of all electronic transactions to:
•    review the entire electronic transaction;
•    correct any mistakes; and
•    withdraw from the transaction, before finally placing the order.

NOMU is in terms of section 43 of the ECT  Act required to make its contact details, its domicilia citandi et executandi and certain other information available to you when you enter into electronic transactions with NOMU.

Payment

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

Payment can be made for Goods via –

1. 1. Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right 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. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. 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;
   2. Instant EFT via Payfast; and
   3. Snapscan

For your convenience, we also provide a currency converter in the header navigation. Please note that you will be billed in South African Rand (ZAR). Due to the fluctuation in currencies and various banking practices, we do not take responsibility for variations between the indicative rates and the rates used by your bank.

You may contact us via email at accounts@nomu.co.za to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.

Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Username & Password

You will need a username and password in order to enable you to gain access to and/or use a service.

You agree that:

• you will use your username and password for your own personal use only;
• you will not disclose your username and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;
• in the event that your password is compromised, you will immediately notify NOMU and change your password;
• you, as the holder of the username and password acknowledge you are solely responsible for all payments in respect of a service charged to you, irrespective of whether the service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your account will be deemed to have arisen from (or relate to) your access to and/or use of a NOMU service;
•  you agree to cause all persons who use any services under your account or with your authorization to comply with these Terms and acknowledge that the acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions;
• you will not attempt to circumvent NOMU ‘s user authentication processes or engage in attempts to access NOMU ‘s network where not expressly authorised to do so.
• NOMU may offer a password reminder service. We will send your password to your registered email address or cell phone number should you have forgotten your password.  Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify us thereof and to update your details. We will not be responsible for any loss arising due to a third party gaining access to your password through your use of this password reminder service and accordingly you indemnify us from any loss you may suffer as a result thereof.

Marketing and Operational Messages

NOMU is committed to protecting your privacy and your personal information. We only want to provide you with information that you want to receive and in the manner you want to receive it. Please make sure you read our privacy and data collection policies.

We will use your information to send you important operational and service messages, for example providing you with information requested by you in an enquiry or notifying you when your order is being processed. These details will not be used for marketing or promotions unless you let us know that you want to receive this information.

Please do not mark these operational and service messages as spam as you will not be able to receive messages relating to your enquiries or orders.

Service Delivery and Interruptions

NOMU will use reasonable endeavours to make its services available to you and to maintain the availability thereof for use by you. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements.

Breach

Should you be in breach of any provision of this agreement NOMU shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith suspend access to the service and bar you from utilising same.

Warranties and Indemnity

You hereby warrant the following:

•  You have the right to enter into this agreement; and
• All information provided by you is accurate and true in all material respects.

You hereby indemnify NOMU unconditionally and irrevocably and agree to hold NOMU harmless against all losses, damages, claims, liabilities and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by NOMU or instituted against NOMU as a result of (without limitation):

•  your use of our services;
• your failure to comply with these terms and a provision of any agreement concluded between us;
• any unavailability of, or interruption in the service;
• any other cause whatsoever relating to our provision of services to you.

Disclaimer and Limitation of Liability

To the extent permitted by applicable law, NOMU shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this agreement, whether resulting from negligence, breach or any other cause.  To the extent that a competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that NOMU is liable to you for any damages, NOMU’s liability to you for any damages howsoever arising shall be limited to the amount of R1000.00 (one thousand rand) only.

General

Amendments: NOMU reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our website. Please note that you will be given an opportunity to read our terms and conditions and are required to accept our terms and conditions each time you use our service.

Intellectual Property: Nothing contained in this agreement shall, unless the contrary is expressly stated elsewhere in this agreement, be construed as an express or implied license of, or transfer of any rights in or to, any copyright, trademark, trade names, logos, devices, patents or other intellectual property owned or used by each party and each party shall respectively retain all such rights.

Whole Agreement: This agreement constitutes the sole record of the agreement between the parties with regard to the subject matter hereof.  No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

Non-Variation: No addition to, variation of, or agreed cancellation of, this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.

Waiver: No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.

Thank you for using and supporting NOMU and we hope you enjoy your purchase experience with us!

Terms and Conditions of Use

General Disclaimer

1. 1. Anyone may use any information presented on this website for non-commercial purposes, subject to any specific terms of use that might appear with such information, provided that the use of such information is accompanied by an acknowledgment that NOMU is the source. By using this site you are agreeing to be bound by these general terms and conditions and our Privacy Policy.  If you choose to access and use any of the information made available to you on this site, you do so subject to these Terms and Conditions of Use and any specific terms that the owner or provider of that information has imposed on its use.
   2. Please take note of all Terms and Conditions of Use. Your use of this website implies an acceptance of the Terms and Conditions of Use and any other specific terms and an agreement to be bound by them. In the event of a conflict between the Terms and Conditions of Use of this website and any specific terms applicable, and only to the extent of the conflict, the more specific term will apply.
   3. NOMU makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity, and timeliness of this information. NOMU assumes no liability or responsibility for any errors or omissions in the content of this site and further disclaims any liability of any nature for any loss howsoever arising in connection with using this website or any content contained herein. Furthermore, NOMU reserves the right to make changes to these materials at any time without notice. If you find any inaccurate, out of date or incomplete information or material on this website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting NOMU or the owner or provider of the information to which the issue relates.
   4. Unless otherwise stated, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this website are the sole property of or will vest in NOMU or a third party licensor. All moral rights are reserved. Please make sure you read our Copyright Statement.
   5.  NOMU ’s logo and sub-logos, marks, and trade names are the trademarks of NOMU and no person may use them without permission.  Any other trademark or trade name that may appear on this website or other marketing material of NOMU is the property of its respective owner.
   6. You should independently verify any information and material on this website before relying upon it. The information and material on this website are not substitutes for the exercise of professional judgment.  If you are not qualified or experienced enough to make that judgment, you should take professional advice or contact the relevant information owner or provider for further information and advice.
   7. Hyperlinks to other websites are provided as a convenience only, and imply neither responsibility for, nor approval of, the information contained in those other websites on the part of NOMU. NOMU makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics, and hyperlinks. NOMU will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of this website or any information or material on it, or your inability to use it (whether that loss is direct or indirect).
   8. While NOMU makes every effort to ensure that any executable material available to be downloaded from NOMU’s website is free of any virus, it cannot guarantee that the material is free from any or all viruses. NOMU is not responsible for any loss or damage howsoever caused by the executable material and potentially malicious code contained therein.
   9. You are responsible for ensuring that your computer systems are suitable to access and use this website. You are responsible for implementing sufficient anti-virus and other security checks to ensure the accuracy of data input and output.
   10. The collection and retention of personal information by NOMU through its website and through the registration process is subject to the terms of the NOMU Privacy Policy currently in force and available for review on this website.
   11. You must not try to alter or destroy this website, the information contained herein or try to circumvent the security features of this website, be it by tampering with, attempting to hack or crack it, modify the format thereof or in any other way disrupt or disable any computer system, server, website, router or other device used to host this site or make it available.
   12. All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law by NOMU and the information owners and providers.
   13. If the use of any information or material on this website is unlawful in any jurisdiction (because of your nationality, residence or for some other reason), that information or material is not offered.  If you are outside the Republic of South Africa you must satisfy yourself that you are lawfully able to use any such information and materials.  We accept no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the Republic of South Africa.
   14. No delay, neglect or forbearance on the part of NOMU in enforcing any of their rights under the Terms and Conditions of Use will be, or be deemed to be, a waiver and it will not prejudice any right of NOMU.
   15. If any of the Terms and Conditions of Use is held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will be deemed to be severable and will not affect the remainder of Terms and Conditions which will continue to be of full force and effect.
   16. All conditions and terms of use contained in this website are governed by South African law and you agree to submit to the non-exclusive jurisdiction of the courts of South Africa.
   17. No addition to or modification of any provision of these Terms and Conditions of Use will be binding on NOMU unless made in writing and signed by their duly authorised representatives.