- This site is offered, controlled and run from the Republic of South Africa. As such, it is governed by South African legislation, and subject to the disputes clause in these T&Cs.
- You and Neosmart are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
- Should any court or qualified authority find that any of the terms are invalid or unenforceable the remainder of these terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.
1. We respect your privacy and will take all reasonable measures to protect it, as detailed below.
2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes, but is not limited to – 2.1. your name and surname; 2.2. your email address; 2.3. your physical address; 2.4. your mobile number; and 2.5. your date of birth.
3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
5. Subject to clause 10.6 below, we will not, without your express consent: 5.1. use your personal information for any purpose other than as set out below: 5.1.1. in relation to the ordering, sale and delivery of Goods; 5.1.2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); 5.1.3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and 5.1.4. to improve your experience on the site by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
5.2. disclose your personal information to any third party other than as set out below: 5.2.1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently; 5.2.2. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us); and 5.2.3. to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement.
6. Neosmart is entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
7. Neosmart will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.
8. Neosmart will –
8.1. treat your personal information as strictly confidential; 8.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access; 8.3. provide you with access to your personal information to view and/or update personal details; 8.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information; 8.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; 8.6. at your request, promptly return or destroy any and all of your personal information in our possession or control; and 8.7. not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
9. Neosmart will never sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Neosmart reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
10. While Neosmart will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
11. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Neosmart, Neosmart shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information.
CHANGES TO TERMS AND CONDITIONS
Neosmart may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs.
Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Neosmart, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration. Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa. Legal notice address Neosmart elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address: An electronic copy is to be sent to firstname.lastname@example.org (Such copy must be delivered in conjunction with physical copy for serving to be effected).
117 Turvey Street
TERMS AND DISCONTINUATION
These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Neosmart from time to time (as described above), for as long as the website continues to exist and be operated. Neosmart is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases. If you don’t meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify such non-adherence within 5 working days after Neosmart has instructed you to do so, your access to the service may be blocked. We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Neosmart will not have any negative effect on any damages Neosmart may claim.
LINKS, ‘FRAMING’, ‘SPIDERS’ AND ‘CRAWLERS’
No person, business or website may use any technology to glean information from this site without prior written permission from Fashion World. Such permission can be obtained by sending an email to email@example.com; or by calling the client service line at 011 568 9826.