STAY IN TOUCH
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.
‘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 ;
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.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment can be made for Goods via –
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 firstname.lastname@example.org 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.
You will need a username and password in order to enable you to gain access to and/or use a service.
You agree that:
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.
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.
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.
You hereby warrant the following:
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):
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.
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
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