Terms of Service

1 Introduction

• 1.1The website sensofinity.com ("the Website") is operated and/or owned by Sensofinity (Pty) Ltd (bearing registration number: 2016/111719/07) (hereinafter referred to as "Sensofinity", "we", "our" or "us"). The Terms herein are entered into by and between Sensofinity and the User. Any reference to "Sensofinity", "we", "our" or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
• 1.2These terms, including any document incorporated by reference herein (collectively, the "Terms") apply to any User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as "User", "you" or "your").
• 1.3Accessing and/or use of the Website after the Effective Date will signify that you have read, understood, accepted, and agreed to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website.
• 1.4To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.

2 Terminology

"Browser"

shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or does not use, the Services offered by us.

"Business Days"

shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa during working hours.

"Cart"

shall mean the User's Cart on the Website in which it stores intended purchases prior to payment being made.

"Force Majeure"

shall mean unforeseen events beyond the reasonable control of either party which shall include but not be limited to an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labour strike or lock-out, civil commotion, pandemic, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe.

"Goods"

shall mean the products and/or services as made available to a User for purchase on the Website from time to time.

"Party" or "Parties"

shall mean Sensofinity (Pty) Ltd t/a Sensofinity and/or or the User as the context implies.

"Personal Information"

shall mean the Personal Information as required from the User in order to register for the Services.

"Read Receipt"

shall mean an acknowledgment by the recipient's email client to the sender confirming that the email message has been received and read.

"Registration Process"

refers to the Registration Process to be followed by a Browser on our Website in order to enable them to use the Services and thus make the transition from a Browser to a User.

"Services"

shall refer to the Services provided by us to the User as set out in Clause 4.

"Terms"

shall mean these Terms of Service.

"User"

shall mean the Browser who completes the Registration Process on the Website in order to make use of the Services.

"Website Content"

shall mean any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Website and are protected by law, including but not limited to copyright and trade mark law.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

3 Your Agreement to these Terms

• 3.1Subject to, and on the basis of a User's acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.

4 Description of our Services

• 4.1The Website enables you to shop for and purchase Goods.

5 Registration Process

• 5.1Only Users may order and purchase Goods through the Website.
• 5.2In order to register as a User you will, through the Registration Process, be prompted to provide login details as well as submit certain Personal Information.
• 5.3In the event of a User being of the view that their login details are being used by someone else, please contact us immediately via our contact form.

6 Purchase of Goods

• 6.1The Goods as selected by the User for purchase together with the individual price thereof shall be reflected in the User's Cart. The price of each of the Goods shall automatically be tallied in the Cart, as a total, which total shall be inclusive of VAT to the extent that we are registered for VAT.
• 6.2The cost of delivery of the Goods shall also be included in the total comprising the User's Cart.
• 6.3The User's order and purchase of Goods is at all times reliant on the availability of the Goods, the correctness of information provided by the User and receipt of payment as per Clause 7.
• 6.4Accordingly, the User's order and purchase may be cancelled at any time by us and appropriately refunded subject to the User being notified without incurring liability or fault on the part of Sensofinity.

7 Payment

• 7.1Payment may be made in one of the following manners:
  • 7.1.1Credit Card / Debit Card – where payment is made by credit card / debit card, 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. You warrant that you are fully authorised to use the credit card / debit 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; and
  • 7.1.2Electronic Funds Transfer ("EFT") or Bank Transfer via our utilised payment gateway.
• 7.2Goods will only be released for delivery once payment has been received into our banking account.

8 Delivery of Goods

• 8.1The Goods shall be delivered to the User through the services of a courier of our selection.
• 8.2The Goods shall be delivered to the User at the address selected during the payment process.
• 8.3The Goods shall be delivered, where possible on a Business Day, but this shall depend on the courier company.
• 8.4Any additional charges that may be levied in respect of the delivery of the Goods or forced return of the Goods shall be for Sensofinity's account.
• 8.5We shall endeavour to have the Goods delivered to you within two to four Business Days of payment being received by us. We will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment ("Delivery Period"). Sensofinity will notify the User if Sensofinity is unable to deliver the Goods within this time frame. The User may, within 7 (Seven) days after receiving such notification elect to cancel the order for Goods. Sensofinity will reimburse the User for the purchase price.
• 8.6Our obligation to provide the Goods to you is fulfilled upon delivery thereof. We are not responsible for any loss or unauthorised use of the Goods after provision thereof to you.

9 Warranties by the User

• 9.1The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.
• 9.2The User further warrants that when registering on the Website it:
  • 9.2.1is not impersonating any person; and
  • 9.2.2is not violating any applicable law regarding use of personal or identification information.
• 9.3Further and insofar as the Registration Process is concerned, the User warrants that the login details shall:
  • 9.3.1be used for personal use only; and
  • 9.3.2not be disclosed by a User to any third party.
• 9.4The User agrees that, once the correct login details relating to the User's account have been entered, irrespective of whether the use of the Log in Details is unauthorised or fraudulent, the User will be liable for payment of any such Goods purchased.

10 Warranties by Sensofinity

• 10.1We make no representation or warranty (express or implied) that the Website or Services will:
  • 10.1.1meet a User's needs;
  • 10.1.2be accessible at all times;
  • 10.1.3be accurate, complete or current; or
  • 10.1.4be free from viruses.
• 10.2Subject to any express terms, Sensofinity makes no representation or warranty as to the volume or subject area of Services accessible through the Website.
• 10.3Except for any express warranties in these Terms the Services are provided "as is". Sensofinity makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware, malware, trojans, destructive materials or any other data or code which may corrupt, destroy, disrupt, disable or harm in any way the operations of a computer system/network or mobile device, or the User's hardware or software, save for where such risk is due to the wilful misconduct or gross negligence of Sensofinity, its employees, agents or authorised representatives. Sensofinity disclaims all liability for any damages, loss or liability of any nature whatsoever as a result of the User accessing or using the Website.
• 10.4Sensofinity does not warrant that the use of the Website will be uninterrupted or error free, nor does Sensofinity warrant that we will review information for accuracy.
• 10.5Sensofinity shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Sensofinity. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.

11 Unauthorised Use of the Website

• 11.1A User may not use the Website for any objectionable or unlawful purpose.
• 11.2A User, apart from uploading Personal Information as required when completing the Registration Process may also after the purchase of Goods add a review or comment relating to the Goods so purchased by it.
• 11.3We reserve the right to remove any such review in the event that same is untrue, inflammatory or libellous.
• 11.4A User undertakes not to send to us spam mail, or make use of other unsolicited mass e-mailing techniques.
• 11.5A User shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication to us.
• 11.6A User may not sell, redistribute or use Website Content for a commercial purpose without our prior written consent.
• 11.7A User may not remove, alter, acquire or distribute any Website Content as it may appear on the Website or any of our emails.
• 11.8A User may not remove, alter, acquire or distribute the rights to any Website Content belonging to or pertaining to a third party.
• 11.9A User understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.

12 Links to other Websites

• 12.1The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User's access to or use of any third-party website.

13 Limitation of Liability and Indemnity

• 13.1The Website shall be used entirely at a User's own risk.
• 13.2We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person's use of or conduct in connection with the Website, in any circumstance.
• 13.3We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.
• 13.4A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User's improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.
• 13.5To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User's use of the Website.
• 13.6To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to a User will be limited to the minimum amount imposed by such law.
• 13.7Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.

14 Copyright

• 14.1Sensofinity and the contents of the Website are the property of Sensofinity, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
• 14.2Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
• 14.3Users are expressly prohibited to "mirror" any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
• 14.4The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
• 14.5All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of third parties, are the exclusive property of Sensofinity.

15 Intellectual Property

• 15.1A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.
• 15.2We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

16 Breach

• 16.1If either Party commits a breach of the Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and claim damages or alternatively to claim specific performance of all the defaulting Party's obligations, together with damages, if any, whether or not such obligations have fallen due for performance.

17 Arbitration

• 17.1Any dispute which arises between the Parties in respect of the Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.
• 17.2If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred.
• 17.3If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the rules of Arbitration Foundation of South Africa ("AFSA") by an arbitrator or arbitrators appointed by AFSA.
• 17.4Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
• 17.5The arbitration shall be held:
  • 17.5.1at/in Western Cape or other venue agreed by the parties in writing;
  • 17.5.2in English; and
  • 17.5.3immediately and with a view to its being completed within 21 (twenty one) days after it is demanded.
• 17.6The Parties irrevocably agree that the decision in arbitration proceedings:
  • 17.6.1shall be final and binding upon them;
  • 17.6.2shall be carried into effect;
  • 17.6.3may be made an order of any court of competent jurisdiction.

18 Force Majeure

• 18.1During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.

19 Termination, Suspension or Modification

• 19.1Sensofinity has the exclusive discretion to terminate, suspend or modify the Terms at any time, with or without notice to the User, which will require the User to discontinue use of the Website.
• 19.2The User agrees that Sensofinity will not be held liable to the User in the event that Sensofinity chooses to terminate, suspend or modify the Website other than for processing any orders already made to the extent possible.
• 19.3A failure to pay for an order of any Goods, or to comply with the obligations under these Terms, may result in a suspension and/or termination of the User's access to the Website without any prejudice to any potential claim for damages that Sensofinity may have against the User.
• 19.4If the User is suspected of abusing the Website and/or has created multiple user profiles to fraudulently take advantage of a promotion or coupon intended to only be used once-off by the User, Sensofinity reserves the right to terminate or suspend the User's access to the Website, refuse to process payment on any order or to cancel any order between the User and Sensofinity with notice. Sensofinity shall be liable to refund the User any monies already paid by such User.
• 19.5After the User has discontinued use of the Website as aforesaid, the User must destroy all content, whether content, materials or software, obtained from the Website and all copies thereof.
• 19.6In the event of the User failing to exit the Website as aforesaid, Sensofinity has the right to claim any indirect, direct, incidental, special or punitive damages caused to Sensofinity from the User's unauthorised access and/or use of the Website.

20 General

• 20.1To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
• 20.2Subject to the dispute resolution provisions above, to the extent necessary and/or possible, you consent to the non-exclusive jurisdiction of the High Court in Western Cape or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.
• 20.3The User may not cede, assign or otherwise transfer its rights and obligations in terms of these Terms to any third party.
• 20.4Any failure on the part of the User or Sensofinity to enforce any right in terms hereof shall not constitute a waiver of that right.
• 20.5No amendment to or variation of the terms hereof, whether to a material extent or otherwise, or cancellation, including consensual cancellation of these Terms, shall be of any validity or force, unless and until the same have been reduced to writing and signed by the Parties hereto or their duly authorised agent.
• 20.6These Terms constitute the whole agreement between the User and Sensofinity as to the subject matter hereof and no agreement, representations or warranties between the User and Sensofinity, other than those set out herein are binding on the User and Sensofinity.
• 20.7If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

21 Domicilium Citandi et Executandi and Contact Information

• 21.1The User and Sensofinity choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
  • 21.1.1Sensofinity (Pty) Ltd: 11th Floor, Portside, 4 Bree Street, Foreshore, Cape Town, Western Province, 8001, South Africa. Email: Please contact us via our website's contact form.
  • 21.1.2User: The address as provided when registering on the Website.
• 21.2Both the User and Sensofinity may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
• 21.3All notices to be given in terms of these Terms will:
  • 21.3.1be given in writing;
  • 21.3.2if received by way of hand, will be deemed to have been received on the date of delivery;
  • 21.3.3if received by way of email, it will be deemed to have been received on the date indicated in the Read Receipt notification. The Parties must ensure that they make use of the Read Receipt's function to serve as proof that an email has been received during all email communications;
  • 21.3.4any communication to Sensofinity by a User in and of itself constitutes consent on the part of the User to received responding communications from us or a nominated third party;
  • 21.3.5be presumed to have been received on the date of delivery.