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Terms & Conditions

  1. INTRODUCTION

 

1.1        This document sets out the terms and conditions (“the Terms”) of Ziora pertaining to the access and use of the information, products, services and functions provided on www.ziora.co, a website that is owned by Ziora (Pty) Ltd, a company with limited liability, duly registered as such in terms of the laws of the Republic of South Africa.

 

1.2        Should any user that accesses the website disagree with any of the Terms, the user must refrain from accessing the website and/or using Ziora’s services.

 

1.3        If any user is under the age of 18, he or she must obtain his or her parents’ or legal guardians’ advanced authorisation, permission and consent to be bound by these Terms before purchasing any products or utilising any services.

 

1.4        Ziora provides convenient worldwide shipping of exclusive high-end goods, from various stores and other sellers within South Africa, through a single multi-vendor website, to your doorstep.

 

1.5        In order to secure a seamless business relationship with anyone using the website, Ziora has secured the services of a single logistics company as part of the website to facilitate the seamless collection and transportation of items which are purchased on the website.  Purchasers will also have the choice to arrange their own transportation or to arrange transportation with the sellers.

 

1.6        Should any purchaser elect to utilise the logistics option offered by Ziora, such transportation will be effected in terms of the Standard Terms and Conditions of the logistics companies, DHL Global Forwarding SA (Pty) Ltd (trading as DHL Freight Forwarding) or DHL International (Pty) Ltd (trading as DHL Express), which terms and conditions can be found at the following links:

 

(a) Terms and Conditions: Shipping By DHL Express;  and

 

(b) Terms and Conditions for DHL Freight

 

1.7        In addition to the aforesaid, smaller items, with a value exceeding 5000 Euro will be capable of delivery, at the option of the purchaser, with Ziora’s White Glove delivery system.  In terms of this system, special items will be delivered personally to purchasers.  It will typically take approximately 24-48 hours after checkout to receive a quotation in this regard.  Once a quotation has been received, purchasers will have the option to accept the quotation, cancel the order or to arrange his/her own shipping, as more fully described in clauses 3.8 and 3.9 below.  The terms and conditions of this transportation will be the same as the terms and conditions of transportation by DHL Express, which terms and conditions will apply mutatis mutandis, as if they were the terms and conditions of Ziora White Glove.  These terms and conditions are to be found at the link referred to above.

 

1.8        Purchaser’s should, in particular, take note of the following when the DHL option is chosen in respect of items not covered by the DHL Express integrated shipping system referred to in clause 3.5 below:

 

(a)       As soon as the option is chosen by a purchaser, Ziora will obtain a quotation from DHL and, where necessary, from a packaging company, whereafter Ziora will invoice the purchaser, inclusive of a nominal administration fee;

 

(b)       Door to destination airport estimates will usually be available within 4 to 8 working hours of final shipping specs being available. However, no guarantees can be given in this regard;

 

(c)       Door to door estimates, under the export INCO term DDP (Delivered Duty Paid) will usually only be available within 24 to 48 hours, depending on the destination. Again no guarantees can be given in this regard;

 

(d)       DHL’s door to door pricing would be based on a standard shipment. There would be rare occasions whereby for example, a shipment is randomly stopped by customs for examination at destination, in these cases there could be additional charges incurred, or an adjustment over and above the sum that has been quoted.

 

(e)       If a Purchaser ship on a DDP Incoterm, please be aware that the aforesaid additional charges will be for the purchaser’s account and will be billed back at cost by Ziora once an invoice has been received from DHL’s destination office. Delivery of the goods purchased will be delayed until final payment of these additional charges.

 

1.9        These Terms set out the terms on which Ziora offers any user access to and use of the Ziora site’s services.  All users agree to comply with these Terms when accessing or using the Ziora website or services.

 

1.10      Ziora will have the sole control over the look and layout of the website, and may alter this site in its sole discretion.

 

1.11      Any user’s use of the Ziora website constitutes the user’s express agreement to these Terms.  The user also agree to the terms of Ziora’s privacy policy, which policy is set out in clause 21 below.

 

1.12      Ziora may modify and amend these Terms from time to time without notice to any users.  By using the website after it has been amended or added to, users agree to be bound by any such amendments or alterations.  Such amendments shall supersede and replace any previous Terms and shall be made available on the website.  Each time a user accesses the website and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and or replaced by Ziora from time to time.

 

1.13      Ziora will give users prior notice where Ziora has collected personal information from users and the purpose for which the information was collected, is affected by any intended amendment.

 

1.14      If there is anything in these Terms that users do not understand then please contact Ziora as soon as possible at the contact details supplied in clause 25.1 below.  Please note that calls to Ziora are charged at normal communication rates and may be monitored for training, security and quality assurance purposes, as provided for elsewhere in these Terms.

 

  1. THE ROLE OF ZIORA

 

2.1        The function of Ziora is expressly limited to making the website available to sellers and potential purchasers and to maintain the website.

 

2.2        The actual contract of sale is concluded directly between the sellers and the purchasers.

 

2.3        Ziora is not responsible for the accuracy of information provided by sellers or buyers, nor their acts or omissions.

 

2.4        By using the website, purchasers select and purchase goods marketed by sellers by placing orders via the website.

 

2.5        Ziora is not responsible for the delivery of or transfer of ownership in respect of goods from sellers to purchasers.

 

  1. RELATIONSHIP BETWEEN ZIORA, THE PURCHASERS AND THE SELLER

 

3.1         Sellers are responsible for accurately describing the goods they are offering for sale. Unless the Ziora transportation option is chosen by a purchaser, the purchaser and the seller are ultimately responsible for the transportation and delivery of the goods, in accordance with specific independent arrangements made between the purchasers and the sellers. Such arrangements would include the transfer of ownership. The purchaser will, notwithstanding an alternative arrangement having been reached between the purchaser and the seller relating to the transportation of the goods and the transfer of ownership, be liable for the payment of VAT and/or import/export duties, customs and/or taxes, to the appropriate authorities. This arrangement in respect of the payment of VAT and/or import/export duties, customs and/or taxes, to the appropriate authorities, will be subject to any specific independent arrangement to the contrary having been reached between the purchaser and the seller.

 

3.2        Purchasers shall provide accurate account and contact information on the website.

 

3.3        Purchasers will be responsible for determining the value, condition and authenticity of the goods being purchased and to pay the purchase price for such goods, including VAT (which will be set out on a Ziora invoice), into the Ziora Paypal account, by way of acceptable credit card facilities (with a sufficient balance to ensure payment) or by any other means acceptable by both parties.  This payment will be made before the transportation costs are levied as set out below.

 

3.4        If a purchaser considers using the transportation option offered by Ziora, Ziora will obtain a quotation from the logistics company, DHL, or prepare (if applicable) a White Glove quotation, and supply the quotation to the purchaser within the approximate time periods set out in paragraphs 1.7 and 1.8 above, or as soon thereafter as reasonably possible, after the purchaser had checked out.

 

3.5        When the services of DHL Express are utilised, for smaller items, Ziora is integrated with the DHL Express shipping system.  If an item fits these criteria, the purchaser’s shipping costs will be calculated instantly at check out.  Upon payment, the item will be collected by DHL Express and delivered to the purchaser’s door.

 

3.6        Should the purchaser accept the transportation quotation provided by Ziora, the purchaser will be required to effect payment of the full transportation costs, including VAT, (which will be set out on a Ziora invoice), to Ziora, by way of acceptable credit card facilities (with a sufficient balance to ensure payment) or by any other means acceptable by both parties, whereafter the logistics company will procure the transportation of the goods in terms of its Standard Terms and Conditions.

 

3.7        Should the quotation from the logistics company, or the White Glove quotation, be inadequate due to unforeseen taxes, duties and/or penalties which might become payable in addition to the sums already paid for such transportation, the purchaser will be obliged to pay the shortfall.  Ziora will not be responsible to make any contribution towards such a shortfall and in such cases the provisions of paragraph 1.8 above will strictly apply.

 

3.8        Once the quotation for the transportation costs have been received by the purchaser, the purchaser will have the option to either cancel the order, within 24 hours, or to arrange his/her own transportation.

 

3.9        If an order is cancelled in terms of 3.8 above, the purchaser will receive a refund of the purchase price, minus bank charges, if any (over which Ziora has no control), within 24 hours of the cancellation request having been received by Ziora.  If payment was made by the purchaser via PayPal, the refund will appear in the purchaser’s bank account instantly.  If payment was made via credit card facilities, the refund will appear in the purchaser’s bank account within 3 to 5 days.

 

3.10      Should a purchaser arrange his/her own transportation, a purchaser can simply elect this option and continue with the transaction.  Purchasers should note that, in such a case, a seller may in law be required to have a valid export licence.

 

3.11      Purchasers must obtain appropriate insurance for all shipments of items at the purchaser’s sole cost, in the event of the purchaser arranging the transportation of the goods purchased.

 

  1. ENTITLEMENT TO USE THE SITE

 

4.1        No users are entitled to use the website if such user is not able to form legally binding contracts.  Users who are temporarily or indefinitely suspended from using the website, shall also be precluded from doing so.

 

4.2        No users will be entitled to post, list or upload contents or items in inappropriate categories or areas on the website.  Ziora will, in any event, be entitled to verify, control, or edit any potential postings for the website.  Users will not be entitled to transfer their Ziora accounts and use another party’s identity without Ziora’s written consent to do so.

 

4.3        Users will not be permitted to distribute or post spam, unsolicited or bulk electronic communications or chain letters on the website.

 

4.4        Users will not be permitted to distribute viruses or any technologies that may cause harm to Ziora or to the interest or property of any Ziora users.  Users may also not be entitled to use any automated means to access Ziora’s services for any purpose, interfere with the working of the website or impose an unreasonably large load of information on the infrastructure of Ziora.  Users are not allowed to reproduce, display, distribute or prepare derivative works from contents that belongs to or is licensed to Ziora, or that comes from and belongs to other Ziora users or to any third party, including works covered by any copy rights, trade marks, patents or other intellectual property rights, accept with the prior express written permission of Ziora and/or other party holding such rights.

 

4.5        Users may not commercialise any Ziora applications or any information or software associated with such applications.

 

4.6        Users may not harvest information about Ziora users without their express consent.

 

4.7        In instances where Ziora is of the view that users are abusing Ziora in any way, Ziora may, in its sole discretion, and without limiting its entitlement to utilise other remedies, suspend or terminate the user’s account and access to Ziora’s services and take any appropriate legal action to prevent such user from using Ziora’s services.

 

4.8        Ziora may cancel accounts that have been inactive for a long time.  Additionally, Ziora reserves the right to refuse or terminate its services to anyone for any reason at Ziora’s discretion.

 

  1. REGISTRATION

 

5.1        In order to use the Ziora website, both purchasers and sellers will be required to register in order to use the Ziora website.

 

5.2        Users are required to provide certain information and to select a user name or password to be used to access their accounts.

 

5.3        The password and other registration details should be kept confidential.

 

5.4        Users may voluntarily provide additional information as part of the registration process to personalise their accounts.  Users may access their accounts to view their profile information as well as their transaction information by clicking on the relevant icon on the home page of the site after logging in.

 

5.5        Users may cancel their registration and accounts at any time by following the relevant prompts on the website.

 

  1. DESCRIPTION OF GOODS, PRICING, LISTING AND AVAILABILITY

 

6.1       Sellers are responsible for the accuracy and content of the listing and the goods offered for sale on the website.

 

6.2       Content that violates any of Ziora’s policies may be deleted at Ziora’s sole discretion.

 

6.3       Ziora will rely almost exclusively on sellers for information regarding the goods listed on the website and is not responsible in any way for the description or pricing of goods.

 

6.4       Users will accept that, due to the nature of the Internet, service interruptions and mistakes may cause unintended inaccuracies to appear on the website.

 

6.5       Ziora has the right to correct inaccuracies or mistakes that come to its attention and to cancel any purchases of items that display an inaccurate price or description.

 

6.6       Users will accept that Ziora may cease to make the site, or any portion of the site, available at any time and for any reason. Under no circumstances will Ziora or any of the sellers be held liable for any damages caused by such interruptions or lack of availability.

 

6.7       Because most of the goods displayed on the website are unique and are offered by sellers that also have retail opportunities for the sale of the goods independent from the website, all goods displayed on the website are offered for sale strictly subject to availability.

 

6.8       Sellers will be obliged to notify the website immediately should any goods be sold independent from the website so that the goods can be removed from the website accordingly.

 

6.9       Sellers will accept that that Ziora’s relationship with sellers is fundamentally based on mutual trust, for the benefit of both sellers and Ziora alike.

 

6.10      Sellers are not permitted to sell directly to purchasers who have been introduced to the goods in question on the Ziora website.

 

6.11       Sellers are also not permitted to advertise the same goods that are being advertised on the Ziora website on any competing website for as long as such goods are offered for sale on Ziora’s website. This provision is subject to negotiation and can be varied by written agreement reached in this regard between the seller and Ziora.

 

6.12      Any breach of sub-clauses 6.10 and 6.11 above will constitute a material breach of contract, which will entitle Ziora to the normal legal remedies for breach of contract.

 

6.13      Purchasers shall accept that, unless expressly indicated to the contrary, the goods for sale are not new or necessarily in perfect condition and that such goods may require repairs prior to use and that the available information about the goods may be limited.

 

6.14      Ziora does not independently verify any information provided by the sellers and Ziora makes no representations or give any warranties in respect of the information provided in relation to the goods offered for sale.

 

6.15      With particular reference to antiques, Ziora offers a unique service in terms of which the photographs depicting antique items can be forwarded to an expert antique dealer who will then, at the cost of the purchaser, examine the photographs and issue a certificate of authenticity and/or valuation in respect of the particular item for the benefit of the purchaser.

 

6.16      The purchaser will accept that this process of valuation and/or authentication will be subject to the limitation that the expert antique dealer will be guided solely by the pictures of the goods supplied by the seller, without the benefit of a physical inspection thereof.

 

  1. PURCHASE CONDITIONS

 

7.1       Purchasers are responsible for reading the full item listing and description before making a bid or commitment to purchase.  On purchasing an item a legally binding contract comes into existence between the purchaser and the seller.

 

7.2       Ziora do not transfer legal ownership of goods from the seller to the purchaser.

 

7.3       When a purchaser identify an item for purchase, the purchaser may make an offer to purchase the item following the prompts on the website.  The offer will be made directly through the website’s checkout page.

 

7.4       The purchaser shall submit valid payment information to Ziora for payment of the total purchase price.

 

7.5       Subject to the provisions of clause 7.6 below the total purchase price will be the price agreed to on the Ziora website between the purchaser and the seller, including VAT and/or sales tax.

 

7.6       The total purchase price shall include, at the option of the purchaser, insurance costs, shipping fees, taxes and duties to facilitate transportation of the goods from the seller to the purchaser at the transportation option offered by Ziora.

 

7.7       By submitting an offer to purchase, the purchaser irrevocably agrees to pay the total purchase price (including shipping costs where appropriate) and the seller agrees to sell the item for that price once a sale confirmation is issued to the purchaser.  Where the Ziora transportation option is chosen by a purchaser, the purchase price for the item shall be paid upfront, while the transportation quotation is being awaited.

 

7.8       Once an offer has been made, it cannot be cancelled or revoked by the purchaser, unless the offer was made at a time when the purchase price was yet to be confirmed, eg because the shipping fees were still unknown at the time of placing the offer.  Cancellation after receipt of a quotation for transportation will be possible on the basis set out in clause 3 above.

7.9       The aforesaid irrevocability of offers made are furthermore subject to any statutory rights a purchaser may have in relation to the specific transaction.

 

7.10      If the seller posting an item indicates that the price is negotiable, the purchaser may make an offer through the Ziora website to purchase the item at a specific price.  Once made, this offer cannot be cancelled or revoked by the purchaser, subject to the circumstances set out in paragraphs 7.8 and 7.9 above.

 

7.11      A purchaser may place a time limit on the duration of the offer, at the expiry of which period the offer will lapse.

 

7.12      Once the purchaser’s offer is accepted by the seller, the purchaser irrevocably agrees to pay the total purchase price, as defined above, through the Ziora website.

 

7.13      In circumstances where a counter-offer is made by the seller, the seller agrees to sell the item to the purchaser at the counter-offered price and warrants, by the making of the counter-offer, that the item is available for immediate sale as long as the purchaser agrees to the counter-offer within 24 hours, or such alternative time set by the seller.

 

7.14      If the purchaser agrees to pay the counter-offered price, the purchaser shall acknowledge that acceptance by confirming the purchase on the purchaser’s page of the Ziora website.

 

7.15      In certain circumstances where the purchaser and the seller are in the process of negotiating a purchase price, a purchaser may be required to pay a deposit to secure its offer.  This deposit shall be paid to Ziora by credit card at the time requested to do so.

 

7.16      In the event that the parties are unable to agree upon the sale price or other terms of the agreement, Ziora will ensure that the deposit is credited back to the purchaser’s credit card account.  The refund will be effected in accordance with the procedure set out in clause 3.9 above.

 

7.17       In the event that a transaction is validly and finally concluded, the balance of the purchase price, (in addition to the deposit), up to the total purchase price, will be charged and Ziora will on receipt of such payment from the purchaser, pay over the purchase price, after deduction of a 15% commission on the selling price of the item, and transportation expenses (should the purchaser elect to utilise the transportation offer of Ziora), to the seller. The commission of 15% shall be subject to negotiation between the seller and Ziora. Any alternative commission agreed upon between the parties will be expressly confirmed between the seller and Ziora in writing.

 

7.18      The transaction will be deemed to be finally concluded when a sale confirmation is posted to the purchaser’s account by the seller, or a sale confirmation posted on the seller’s account by the purchaser in the case of a counter-offer.

 

7.19      In the event of a bona fide error by the seller as to the availability of the item or an error on the part of the seller or Ziora as to acceptance of the purchaser’s offer or counter-offer, or any bona fide error on the part of the seller or Ziora with respect to the communication of a sale confirmation, the seller and/or Ziora reserve the right in their absolute discretion to rescind the transaction without penalty to any party.

 

7.20      Once final agreement is reached between a seller and a purchaser, a binding contract of sale is concluded between the seller and the purchaser.

 

7.21      If, after the conclusion of a valid agreement of sale, a purchaser cancels or reverses a payment made by credit card or any other means or the purchaser breaches the agreement by failure to make due payment of the full purchase price, the purchaser shall remain liable to the seller and the seller shall be entitled to enforce the agreement of sale in the normal course, with or without a claim for damages.

7.22      In circumstances where the purchaser has already paid a deposit, and thereafter cancels the agreement in breach of its obligations to the seller, the purchaser acknowledges and agrees that Ziora and/or the seller will be entitled to retain the deposit paid as and for liquidated damages and not as a penalty.

 

  1. RIGHT OF CANCELLATION

 

8.1        In circumstances where the purchaser might be entitled to cancel the transaction in terms of any valid legislation, such as the provisions of the Consumer Protection Act No 68 of 2008 in South Africa (if applicable), or the Electronic Communications and Transactions Act No 25 of 2002 in South Africa (if applicable), the purchaser shall have the right to cancel its order within 7 days, or within such alternative period as may be prescribed in any applicable legislation, from the day on which the purchaser receives an item purchased.

 

8.2        In such a case the purchaser must inform the seller of its decision to cancel the transaction in writing within the said period, whereafter the seller shall be obliged to reimburse all payments received from the purchaser or Ziora for the item purchased.

 

8.3        However, the reimbursement may be withheld until the seller has received the relevant goods back from the purchaser.  The purchaser must return the goods in terms of the instructions of the seller.

 

8.4        The purchaser will bear the cost and all related expenses of returning the goods to the seller.

 

8.5        The purchaser’s said right is conditional upon the return of the item purchased to the seller in the same condition in which the item was received by the purchaser.

 

  1. “VOETSTOOTS” CLAUSE APPLICABLE

 

9.1        Users shall accept that all goods displayed on the Ziora website are sold “Voetstoots” or “As Is”.  Neither the seller nor Ziora makes any representation, expressed or implied, or give any guarantee or warrantee, to any purchaser with respect to any particular item, including, without limitation, its condition, saleability, quality, rarity, designer or creator, historical relevance or otherwise.

 

9.2        No statement anywhere, whether oral or written, shall be deemed to be any such representation, guarantee or warrantee.

 

  1. INPUT OF EXPERTS

 

In addition to the aforesaid optional service of Ziora to supply an expert opinion in respect of antique items, and in circumstances where a purchaser is purchasing an item based entirely on the photographs supplied and/or its stated provenance, or designer, the purchaser may at his or her own cost arrange with the seller to have the selected item reviewed by an expert of the purchaser’s own choice, prior to purchasing the item.  Any arrangements for such an inspection shall be made between the purchaser and the seller and shall not involve Ziora in any way.

 

  1. TAXES AND IMPORT/EXPORT DUTIES

 

11.1      As stated above, the purchaser is solely responsible for paying all insurance premiums, taxes, VAT, export and/or import taxes and duties and all other transactional taxes or levies related to each item purchased.

 

11.2      Should the purchaser elect to utilise the transportation option offered by Ziora, such taxes and duties, including the necessary insurance of the items during transit, will form part of the total purchase price, subject to additional charges that may in due course be levied in terms of the Standard Terms and Conditions of the logistics company concerned.

 

11.3      Insofar as some of the items sold may require specified permits for export from the country where they are located and/or import into the purchaser’s country, the purchaser will be responsible to obtain such permits at his or her own cost.

 

11.4      Neither Ziora nor the seller makes any representation whatsoever, or shall have any liability to the purchaser in respect of the requirement for, or obtaining, such permits.

 

  1. TRANSFER OF RISK

 

12.1      In the case where the purchaser arranges transportation, the risk of loss and title in respect of the goods purchased shall pass to the purchaser upon the seller’s delivery of the goods to the carrier selected by the purchaser for transportation or shipment or when the purchaser picks up the goods from the seller.

 

12.2      In the case of Ziora arranging the shipping, the risk of loss and title of the item shall pass to the purchaser upon the purchaser’s receipt of the item.

 

12.3      The seller represents and warrants that he or she is the lawful owner of each item that the seller is offering for sale on the website, or that the seller is duly authorised by the owner of such item to sell the item and that the seller will transfer ownership of the item to the purchaser free of any claims of third parties.

 

  1. RIGHT OF REFUSAL

 

Ziora reserves the right to withdraw any item from the website or to amend any content on the website at any time in its sole discretion.  Ziora may refuse service to anyone at any time in its sole discretion.  Ziora will not be liable to any purchaser or any other third party because it has withdrawn any item from the website, amended any of the content or denied any person access to the site.

 

  1. COPYRIGHT INFRINGEMENT

 

14.1      Should any user become aware that any items appearing on the website appears in violation of any valid copyright, users are requested to notify Ziora of such infringement by e-mail at support@ziora.co.

 

14.2      When a user provides Ziora with content or cause content to be posted on the Ziora website, such user grant Ziora a non-exclusive, worldwide, irrevocable, royalty-free right to exercise any and all copyright, publicity, trade mark and data base rights and other intellectual property rights such user may have in such content, in any media.

 

14.3      Such user waive his or her rights to enforce the aforesaid rights and promise not to assert these rights or any other intellectual property or publicity rights against Ziora, its duly authorised agents, or its assignees.

 

14.4      Ziora retains the right to offer catalogues including stock images, descriptions and product specifications that are provided by third parties, including users.  Users may use such catalogue content solely in connection with their Ziora listings.  Ziora do not guarantee or warrant that any catalogues supplied will always be accurate and up to date and users agree not to hold Ziora liable for any inaccuracies in the catalogues.

 

14.5      All users agree not to remove any copyright, proprietary or identification markings included in the Ziora catalogues or displayed on the Ziora website, or create any derivative works based on such content (other than by including them in listings on the Ziora website).

 

  1. AUTHORISATION TO CONTACT USERS

 

15.1      Users consent to receive auto dialled and pre-recorded calls and text message from Ziora at any telephone number that the user might have provided to Ziora or that Ziora might otherwise have obtained.

 

15.2      Ziora may place such calls and text to:

 

(a)       notify the user regarding his or her account;

 

(b)       notify the user of trouble shoot problems with his or her account;

 

(c)       resolve a dispute;

 

(d)       collect a debt;

 

(e)       poll users’ opinions through surveys or questionnaires;

 

(f)       contact users with offers and promotions;

 

(g)       to service users’ accounts and enforce these Terms, any applicable law, or any other agreement Ziora may have with the user.

 

15.3      Ziora may share users’ telephone numbers with Ziora’s service providers, such as Paypal, credit card authorities or other billing or collection companies, who Ziora have contracted with to assist Ziora in pursuing its rights or performing its obligations under this agreement or under any other applicable law or any other agreement Ziora may have with users.

 

15.4      Users agree that service providers may also contact them using auto dialled or pre-recorded calls or text messages, only as authorised by Ziora, to carry out the purposes identified above, and not for their own purposes.  Ziora may, without any prior notice or warning, and in its discretion, monitor and record telephone conversations which users, or anyone acting on behalf of users, for quality control and training purposes and for Ziora’s own protection.

 

  1. PRIVACY OF OTHERS

 

16.1      If Ziora provides users with information about another user the user receiving the information agree that such information will be utilised only for the purposes it was provided to him or her.

 

16.2      No user may disclose, sell, rent or distribute a user’s information to a third party for purposes unrelated to the services offered by Ziora.

 

16.3      Additionally, users may not use such information for marketing purposes, via electronic or other means, unless the user has obtained the consent of the specific user to do so.

 

  1. LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT

 

17.1      Ziora may provide links to third party websites on the Ziora website.  These links are provided to users for convenience purposes only and Ziora does not endorse, nor does the inclusion of any link imply Ziora’s endorsement of, such websites, their owners, licensees or administrators or such website’s content or security practices and operations.

 

17.2      While Ziora tries to provide links only to reputable websites or online partners, Ziora cannot accept responsibility or liability for the information provided on other websites.

 

17.3      Linked websites or pages are not under, nor subject to, the control of Ziora.

 

17.4      Ziora is not responsible for and gives no warranties and makes no representations in respect of the privacy policies and practices of linked or third party or advised websites on the Ziora website.

 

17.5      Users agree that Ziora shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any links contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as a result of the presence of such third party linked websites on the Ziora website.  Any dealings the user may have with any linked websites, including advertisers, found on the Ziora website, are solely between the user and the third party website.

 

  1. USER RESTRICTIONS

 

18.1      Users hereby agree that they shall not themselves, nor through third parties:

 

(a)       copy (other than backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any way deal with any part of the Ziora website for any reason and in any manner, unless it is consistent with the intent and purposes of this agreement;

 

(b)       decompile, disassemble or reverse engineer any portion of the Ziora website;

 

(c)       write and/or develop any derivative of the website or any other software programme based on the website;

 

(d)       modify or enhance the website.  In the event of a user affecting any modifications or enhancements to the website in breach of this clause, such modifications and enhancements shall be the property of Ziora;

 

(e)       without Ziora’s prior written consent provide, disclose, divulge or make available to or permit the use of or give access to the website by any persons other than the user;

 

(f)       remove any identification, trade mark, copyright or other notices from the website;

 

(g)       post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind.

 

  1. SECURITY

 

19.1      In order to ensure the security and reliable operation of the services to all Ziora’s users, Ziora hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

 

19.2      Users may not utilise the website in any manner which may compromise the security of Ziora’s networks or tamper with the website in any manner whatsoever, which shall include, without limitation, gaining or attempting to gain un-authorised access to the website, or delivering or attempting to deliver any unauthorised damaging or malicious code to the website, all of which is expressly prohibited.  Any person or entity which does so, or attempts to do so, shall be held criminally liable.  Furthermore, should Ziora suffer any damages or loss, civil damages shall be claimed by Ziora against any such user.

 

19.3      Any user who commits any of the offences detailed in chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (South Africa), specifically sections 85 to 88 inclusive, shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damage suffered and/or incurred by Ziora and its affiliates, agents and/or partners.

 

  1. RISK, LIMITATION OF LIABILITY AND INDEMNITY

 

20.1      In addition to any other similar terms contained in this agreement, the user’s use of the Ziora website and the information contained on the website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.

 

20.2      The transmission of information via the internet, including without limitation e-mails, is susceptible to monitoring and interception.  The user bears all risk of transmitting information in this manner.  Under no circumstances shall Ziora be liable for any loss, harm or damage suffered by the user as a result thereof.  Ziora reserves the right to request independent verification of any information transmitted via e-mail and the user contents of such verification should Ziora deem it necessary.

 

20.3      To the extent permissible by law, neither Ziora, its affiliates, shareholders, directors, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict of otherwise) related to the use of, or the inability to access or use the content of the Ziora website or any functionality thereof, or the information contained on the website, or of any linked website, even if Ziora knows or should reasonably have known or is expressly advised thereof.

 

20.4      The liability of Ziora for the faulty execution of the website as well as all damages suffered by any user, whether direct or indirect, caused as a result of the malfunctioning of the website, shall be limited to Ziora rectifying the malfunction, within a reasonable time and free of charge, provided that Ziora is notified immediately of the damage or faulty execution of the website.  This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Ziora.  However, in no event shall Ziora be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of its in combination with other computer software.

 

20.5      All users hereby unconditionally and irrevocably indemnify Ziora and agree to hold Ziora free from all losses, damages, claims and/or costs, of whatsoever nature suffered or incurred by the service provider or instituted against the service provider as a direct or indirect result of:

 

(a)       the user’s use of the website;

 

(b)       software, programmes and support services supplied by, obtained by or modified by any user or any third party without the consent or knowledge of Ziora;

 

(c)       a user’s failure to comply with any of the terms hereof or any other requirements which Ziora may impose from time to time;

 

(d)       the actions or requirements of any telecommunications authority or a supplier of telecommunication services or software;  or

 

(e)       any unavailability of, or interruption in, the service provided by Ziora in terms hereof.

 

20.6      Ziora gives no warranty and makes no representation, either express, tacit or implied, as to the availability, accuracy and completeness of the content of the website.  Users expressly waive and renounce all of their rights of whatever nature that they may have against Ziora for any loss suffered by the user, as a result of information supplied by Ziora being incorrect, incomplete and inaccurate.

 

20.7      Ziora likewise makes no warranty or representation, either express, tacit or implied, as to:

 

(a)       title to or delivery of any item;

 

(b)       intellectual property rights in any item;

 

(c)       whether or not any item conforms to its description and detail shown on the purchaser’s computer monitor;

 

(d)       the character, reputation or business practices of the seller;

 

(e)       the availability, accuracy, completeness, usefulness and/or content of any information provided on the website;

 

(f)       the fitness for a particular purpose in respect of any item.

 

20.8      The purchaser must direct all claims regarding items purchased to the seller and must resolve any dispute regarding such items directly with the seller.

 

20.9      No advice, or other information obtained by any user through the Ziora website shall create any warranty by Ziora not expressly made in this agreement.

 

20.10    Any material downloaded or otherwise obtained through the use of the website is done at the user’s discretion and risk and the user will be solely responsible for any damage that results from the download of any such material.

 

20.11    Ziora does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of sellers on or through the website.  It is stressed that Ziora is not a party to any transaction between purchasers and sellers.

 

20.12    It is repeated that in no event shall Ziora, or any of its respective directors, employees, agents, partners, suppliers, successors in title, or distributors be liable for any direct or indirect, special, incidental, consequential or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the website or the contents thereof.

 

  1. PRIVACY POLICY

 

21.1      Ziora takes the privacy of users seriously and is committed to protecting user’s personal information.  Ziora use the personal information that it collects from users in accordance with this Privacy Policy.

 

21.2      Personal information when used in this clause means information that can identify users as an individual or is capable of identifying the user.  Personal information does not include general, statistical, aggregated or anonymised information.

 

21.3      A user’s use of the website signifies his or her consent to Ziora collecting and using such personal information as specified below:

 

(a)       Personal information may be gathered by Ziora during communications between Ziora and users and will include, inter alia, the user’s name, address, e-mail address and other relevant information;

 

(b)       Ziora will use personal information exclusively:

 

(i)        to facilitate transactions concluded between purchasers and sellers on the website;

 

(ii)       to validate users as customers when using Ziora’s services and calling the Ziora help desk;

 

(iii)      to prevent and detect criminal activity, fraud and misuse of or damage to Ziora’s services or network;  and

 

(iv)      to prosecute those responsible and to contact users to invite them to form part of any consumer panel or research group created by Ziora.

 

21.4      Unless there is a specific legal obligation requiring Ziora to keep user’s personal information, Ziora will not keep it for longer than necessary for the purpose for which the information was collected or for which such information is to be processed.

 

21.5      Ziora reserves the right to utilise user’s personal information to provide aggregate statistics about sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that can identify the user.

 

21.6      During the registration process Ziora may allocate cookies.  These cookies will allow Ziora to recognise the user as a customer and provide the user with the services required by him or her on the website.

 

21.7      Should users wish to refuse to allow the collection of cookies, users will be obliged to alter the settings of their browsers to prevent the automatic acceptance of cookies.

 

21.8      Should any user wish to stop Ziora from processing his or her information for marketing purposes, the user is requested to inform Ziora accordingly at the e-mail address referred to above.

 

  1. CONFIDENTIALITY

 

22.1      By subscribing as a user, users agree that they shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by Ziora.  Users shall notify Ziora should they discover any loss or unauthorised disclosure of such information.

 

22.2      Any information or material sent to Ziora by a user will be deemed not to be confidential, unless otherwise directed in writing by the user.

 

  1. BREACH BY USERS AND CANCELLATION BY ZIORA

 

23.1      Ziora is entitled without notice, in addition to any other remedy available to it at law or in terms of this agreement, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Ziora website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Ziora’s right to claim damages, should any user:

 

(a)       breach any of these Terms;

 

(b)       in the sole discretion of Ziora, use the website in an unauthorised manner;  and/or

 

(c)       infringe any statute, regulation, ordinance or law.

 

23.2      Breach of this agreement entitles Ziora to take legal action without prior notice to the user and the user agrees to reimburse the cost associated with such legal action to Ziora on an attorney and own client scale.

 

  1. COMPLIANCE WITH SECTION 43(1) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO 25 OF 2002 (SOUTH AFRICA)

 

24.1      In compliance with Section 43(1) of the Electronic Communications and Transactions Act No 25 of 2002, the following information regarding Ziora is made available to users:

 

(a)       Name of domain:  ziora.co;

 

(b)       Name of owner:  Ziora (Pty) Ltd, registration number: 2015/041314/07;

 

(c)       Physical address:  3rd Floor, 62 Roeland Street, Cape Town, City Bowl, 8001, South Africa;

 

(d)       Fax number:  +27 86 538 8436;

 

(e)       Telephone number: +27 21 801 5306;

 

(f)       Website address:  www.ziora.co;

 

(g)       E-mail address:  support@ziora.co;

 

(h)       Names of office bearers:  Cape Town Office;

 

(i)        Registered at:  SARS

 

 

 

 

 

  1. COMPLIANCE WITH LAWS

 

Users are required to comply with all applicable laws, statutes, ordinances and regulations pertaining to his or her use of and access to the Ziora website.

 

  1. NOTICES

 

26.1      Except as explicitly stated otherwise, any notices in terms hereof shall be given by e-mail to support@ziora.co, or such other address that has been specified herein.

 

26.2      Notice shall be deemed to have been given 48 (forty eight) hours after an e-mail is sent, unless the sending party is notified that the e-mail is invalid.  Alternatively, Ziora may give users notice by registered mail, postage pre-paid and return receipt requested, to the address which users have provided to Ziora.  In such case, notice shall be deemed to have been given 7 (seven) days after the date of mailing.

 

26.3      Users acknowledge that all agreements, notices and other communications required to be given in terms of the law or in terms of this agreement may be given via electronic means and that such communications shall be “in writing”.

 

26.4      Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent or delivered at his or her chosen address for that purpose.

 

  1. GENERAL CLAUSES

 

27.1      These terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.

 

27.2      The Ziora website is controlled, operated and administered by Ziora from its offices within the Republic of South Africa.  Ziora makes no representation that the content of the website is appropriate or available for use outside of South Africa.  Access to the website from territories or countries where the content of the website is illegal is prohibited.  Users may not use this website in violation of South African export laws and regulations.  If the user access this website from locations outside of South Africa, that user is responsible for compliance with all applicable laws.

 

27.3      Ziora does not guarantee continuous, uninterrupted or secure access to its services, as operation of the Ziora website might be interfered with as a result of a number of factors which are outside Ziora’s control.

 

27.4      If any provision of these terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these terms and the remaining provisions shall be enforced to the full extent of the law.

 

27.5      Ziora’s failure to act with respect to a breach by any user or others does not constitute a waiver of Ziora’s right to act with respect to that particular or subsequent or similar breaches.

 

27.6      Users shall not be entitled to cede their rights or assign their rights or delegate their obligations in terms of this agreement to any third party without the prior written consent of Ziora.

 

27.7      Neither party shall be bound by any express or implied term, representation, warranty, waiver, amendment, promise or the like not expressly recorded herein, whether it induced the contract or whether it was negligent or not.

 

27.8      The headnotes to the paragraphs of this agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

 

27.9      Words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

 

27.10    The terms of this agreement, as amended by Ziora from time to time, set forth the entire understanding and agreement between Ziora and the users of the website with respect to the subject matter hereof.

 

27.11    No relaxation or waiver or variation or amendment of these terms will prejudice Ziora, or will be of any force or effect, unless Ziora has consented thereto in writing or unless Ziora has agreed thereto by way of an amendment of these terms of the agreement as published on the Ziora website.