TERMS AND CONDITIONS OF SERVICE
- This website is operated by Kwanu Solutions (Pty) Ltd. Throughout the website, the terms “we”, “us” and “our” refer to Westville.kwanu.co.za. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
- By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
- Please read these Terms and Conditions carefully before using the website or our Services. By using any part of the website or our Services, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not use the website or any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
- Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this website. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- Our store is hosted on WooCommerce.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
- By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this website.
- You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any computer malware, worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of the Services.
- We reserve the right to refuse the Service to anyone for any reason whatsoever at any time.
- You understand that your information (not including credit card information), may be transferred unencrypted and which may 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 and will not be shared with any unauthorised third party.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- We are not responsible if any information made available on this website from time to time is not accurate, complete or current. The material on this website is provided for general information only and should not be solely 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.
- This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time but do not assume any obligation to update information on our website. You hereby agree that it is your responsibility to monitor changes or updates to our website.
MODIFICATIONS TO THE SERVICE AND PRICES
- Prices for our products are subject to change without prior notice.
- We reserve the right at any time to modify or discontinue the Service or the website (or any part or content thereof as the case may be) without prior notice to you.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
- Certain products or Services may be limited in quantity and products are subject to return or exchange as the case may be in terms of our Return Policy as stipulated in Clause 7.
- We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. However, we cannot guarantee that any colour or image will be accurately or correctly displayed by your computer’s monitor.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this website is void and unenforceable where it is prohibited.
- We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service is capable of correction.
- Kwanu is a click and collect supermarket. Order online and collect from our collection point/s.
- Accordingly, Kwanu does not provide a delivery service.
- Your invoice is your proof of purchase.
- We will gladly refund perishable goods upon production of proof of purchase should you not be satisfied with the quality of the product, within the product’s expiry date. Perishable products, given their nature, cannot be returned due to public and food safety regulations.
- We will either refund or exchange any goods not of a perishable nature upon production of proof of purchase should you not be satisfied with the quality of the product, within the product’s expiry date.
- Refunds will be finalised within 7 working days.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You hereby agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, and agree to hold us harmless if transactions are unsuccessful or delayed in the event that the information supplied is outdated or incorrect.
- We may provide you with access to third-party tools which we neither monitor nor have any control over nor input.
- You acknowledge and hereby agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through our website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through our website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
- Certain content, products and services available via our Service may include materials from third-parties.
- Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not assume any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm, loss or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It is your obligation to carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- 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, by email, by postal mail, 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, unless specifically requested in writing by you to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
- You hereby 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 libellous 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 Service 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.
ERRORS, INACCURACIES AND OMISSIONS
- We endeavour to provide information on our website or in the Service that is as accurate and complete as possible; however, do not warrant that information will not contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice. In the event that you have already submitted an order, we will inform you of this correction, change or update prior to cancelling any order submitted.
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free; however, will make every effort to provide you with an uninterrupted, timely, secure, and error-free Service.
- We do not warrant that the results that may be obtained by you from the use of the Service will be accurate or reliable.
- You hereby agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you save as provided for in these Terms and Conditions.
- You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- You hereby agree that Kwanu Solutions (Pty) Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Where no exclusion or the limitation of liability for consequential or incidental damages, is allowed, our liability shall be limited to the maximum extent permitted by law.
- You agree to indemnify, defend and hold harmless Kwanu Solutions (Pty) Ltd and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement.
- These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate the contractual relationship at any time by ceasing to use our Services or by notifying us via email at email@example.com that you no longer wish to use our Services. Subject to Clause 18.3., we will inform you of termination of the contractual relationship by contacting you telephonically or in writing, using the contact details provided by you to us.
- If you fail, or it is suspected that you have failed, to comply with any term or provision of these Terms and Conditions, we are entitled to terminate this agreement at any time without prior notice to you. You will however remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
- Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
- These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any earlier versions of the Terms and Conditions).
- Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
DISPUTES AND GOVERNING LAW
- You hereby agree that any dispute arising from these Terms and Conditions may be referred to the relevant Court having jurisdiction over the dispute.
- These Terms and Conditions and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of South Africa.
CHANGES TO TERMS AND CONDITIONS OF SERVICE
- You can review the most current version of the Terms and Conditions at any time on our website.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for any changes or updates to the Terms and Conditions. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes and updates.
- Any queries relating to the Terms and Conditions should be sent to us at firstname.lastname@example.org