General Terms and Conditions
All DK GAS APPLIANCES (PTY) LTD websites (hereinafter referred to as “the/this website”) and the services therein, are offered to you, the User, by DK Gas Appliances (Pty) Ltd (Pty) and is situated at 482c Sunbeam Street, Icon Park, Sunderland Ridge, Pretoria, its subsidiaries and/or related companies (hereinafter referred to as “we”, “our”, “us”, “DK GAS APPLIANCES (PTY) LTD” or “the Company”) subject to the following terms and conditions. These website terms and conditions must also be read with the Protection of Personal Information Bill (“POPI”) and Consumer Protection Act (CPA).
1. Privacy, Access to and use of information
- The website receives various types of information from Users who access the website, including Personal Information as detailed in the Protection of Personal Information Bill (“POPI”).
- DK GAS APPLIANCES (PTY) LTD voluntarily subscribes to the protection of Personal Information principles, and complies with the requirements of POPI and as such respect your privacy and will take all reasonable measures to protect your personal information.
- “Personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA) and the Protection of Personal Information Act 4 of 2013 (POPI). These may be downloaded from: https://www.gov.za/documents/acts .
- With regards to the POPI Act – DK Gas Appliances (Pty) Ltd discloses the following reasons for the collection of personal information:
- – To secure, provide and/or administrate products or services to/from suppliers and other Third Parties as needed.
- – Customer service provision and administration of accounts;
- – Conducting of certain checks as necessary such as (but not limited to) criminal, reference and credit checks;
- – For the provision of marketing as warranted by the customer; and
- DK GAS APPLIANCES (PTY) LTD discloses the following regarding the storage of personal information:
- Information will be stored as prescribed by the POPI Act under strict security and ONLY for as long as needed to achieve the purpose for which said information was collected.
- If 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 – your name and surname; your email address; your physical address; your gender; your mobile number; your date of birth.
- Should your personal information change, please inform us as soon as possible and provide us with the needed updates to your personal information in order to enable us to update your personal information on our systems.
- 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 other person or entity or falsely state or misrepresent your affiliation with anyone.
- We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any law, subpoena or order of court served on us, or to protect and defend our rights or property. In the event of a fraudulent online activity, DK GAS APPLIANCES (PTY) LTD is entitled to disclose the relevant information for criminal investigation purposes or in line with any other legal obligation.
- When you provide a review of a product, you consent to us using that review as we see fit, including but not limited to the website, in newsletters or other marketing material. The information used will include, but not be limited to, your First Name and/or Surname, as you would have provided upon registration. If you do not agree to this, please do not review any products on the website.
- Whilst we will always attempt to do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability 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.
- DK GAS APPLIANCES (PTY) LTD will use your personal information only for the purposes stated here and related to the effective functioning of the website and/or delivery of your purchased items and will NOT sell your details to third parties without your prior written consent. DK GAS APPLIANCES (PTY) LTD will at all times do all in our power to ensure any and all personal information is kept safe and secure as is reasonably practicable by law.
- In this regard the data subject of such personal information bears the following rights:
- The right to access/update any information collected or held by DK GAS APPLIANCES (PTY) LTD;
- The right to request destruction and/or cessation of use/processing of such personal information upon which time the consequences of this request will be explained; and
- The right to view the totality of all personal information held by DK GAS APPLIANCES (PTY) LTD ONLY relating to the data subject responsible for the request (except in the case of a minor).
- If at any stage you do not wish your information to be used by DK GAS APPLIANCES (PTY) LTD for any purpose or you would like to enquire as to what information DK GAS APPLIANCES (PTY) LTD has about you, simply mail your request firstname.lastname@example.org
- DK GAS APPLIANCES (PTY) LTD is fully aware of the Consumer Protection Act, and complies with the requirements of the CPA.
- The website may electronically collect, store and use Personal Information of the User, as provided by the User such as name, contact details and any other Personal Information provided by the User to the website through any online forms, polls, surveys, questionnaires or competitions as provided for on the website from time to time.
- Any correspondence between the User and the website will be retained for record purposes.
- In the event that the User applies for a seminar, registers or enrols via the website, Personal Information relating to the registration will be collected in order to process the User’s application, registration or enrolment.
- By using the website and/or submitting Personal Information, the User consents to:
- the collection, collation, processing, and use of its Personal Information which includes but is not limited to full name, physical address, cellular and/or telephone numbers, email address, age and gender;
- the disclosure of your Personal Information to entities that are related to DK GAS APPLIANCES (PTY) LTD;
- Receiving promotional and/or marketing material and information in any form, which you can opt out of at any time.
- In the event that the User of the website is under the age of 18 years, consent must be provided by a parent or guardian before Personal Information may be provided by the User to the website. If we become aware that Personal Information relating to a minor has been collected without parental or guardian consent, such Personal Information will be removed from our database. Age verification checks may be performed when required.
3. Interception of communications
- Despite the best efforts of the website and of DK GAS APPLIANCES (PTY) LTD, it is possible for internet-based communications to be intercepted:
- without the use of encryption, the internet is not a secure medium and privacy cannot be ensured and as a result internet email is vulnerable to interception and forging; and
- DK GAS APPLIANCES (PTY) LTD will not be responsible for any damages the User or any third party may suffer as a result of the transmission of confidential or disclosed Personal Information that you make to DK GAS APPLIANCES (PTY) LTD through the internet, or that you expressly or implicitly authorise DK GAS APPLIANCES (PTY) LTD to make, or for any errors or any changes made to any transmitted Personal Information.
- To ensure acquaintance with and awareness of the privacy measures and policies of DK GAS APPLIANCES (PTY) LTD, the User is urged to take care to read and understand the underlying privacy clauses incorporated in this Policy.
- Casual Surfing
- The User may visit the website without providing any Personal Information.
- The User accordingly grants express written permission for the website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing Personal Information (“non-identifiable information”).
- This type of non-identifiable information is aggregated to measure the number of visits, average time spent at the website, pages visited, etc, but will not be linked to you.
- DK GAS APPLIANCES (PTY) LTD uses this non-identifiable information to determine the use of the website, and to improve content.
- Unsolicited Information
- If the User posts unsolicited content or other Personal Information to the website and does not indicate otherwise, the User grants to the owners a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Personal Information throughout the world in any media.
- The User grants to DK GAS APPLIANCES (PTY) LTD the right to use the name that the User submits in connection with such Personal Information, if they choose.
- The User warrants:
- that the User owns or otherwise controls all of the rights to the Personal Information that the User posts;
- that the Personal Information is accurate;
- that by the supply of the Personal Information to DK GAS APPLIANCES (PTY) LTD the User does not violate this Policy and does not infringe the rights of any person or entity; and
- that the User indemnifies DK GAS APPLIANCES (PTY) LTD for all claims resulting from the receipt by DK GAS APPLIANCES (PTY) LTD of the Personal Information the User supplies to it.
- DK GAS APPLIANCES (PTY) LTD may monitor and edit or remove any Personal Information where posted to public pages. DK GAS APPLIANCES (PTY) LTD takes no responsibility, and assumes no liability for any Personal Information posted by the User or any third party.
- Solicited Personal information the user gives to the website
- DK GAS APPLIANCES (PTY) LTD requires certain Personal Information necessary to facilitate some of your interactions with the website and DK GAS APPLIANCES (PTY) LTD. As a result of your interaction with DK GAS APPLIANCES (PTY) LTD some of your Personal Information may be obtained and retained, which may include but not limited to, your gender, national origin, age, language, educational information, identity number, email address, physical address and telephone number.
- DK GAS APPLIANCES (PTY) LTD will only use your personal information as it becomes necessary for the purpose of providing you with relevant service, product, property and industry related information, and you hereby consent to DK GAS APPLIANCES (PTY) LTD obtaining, processing, and retaining your personal information. Your information will be retained in accordance with the POPI Act.
- The User’s Personal Information will not be used for any further purpose other than providing you with the relevant service, product, property and industry related information and/or providing you with information relating to DK GAS APPLIANCES (PTY) LTD.
- The User’s Personal Information may be used to build a profile of the user to form the basis for the User’s interaction with the Website.
- Promotional Information
- DK GAS APPLIANCES (PTY) LTD aspires to provide you with updated information about new services, products, seminars and relevant property and industry information. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call DK GAS APPLIANCES (PTY) LTD’s Call Centre, or send an email to info@DK Gas Appliances (Pty) Ltd.co.za outlining your request.
- Business Transfers
- DK GAS APPLIANCES (PTY) LTD may enter into business arrangements and its customer base is one of the more valued assets. In such an event, customer Personal Information will be one of the transferable assets.
- Lawful Disclosure
- When DK GAS APPLIANCES (PTY) LTD is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. DK GAS APPLIANCES (PTY) LTD may also impart Personal Information if permitted or required to do so by law.
- Surveys and statistical purposes
- DK GAS APPLIANCES (PTY) LTD understands that efficiency and customer care translates to good service. DK GAS APPLIANCES (PTY) LTD may periodically conduct online customer care surveys to enable the updating of our offering to you.
- When it conducts a survey, DK GAS APPLIANCES (PTY) LTD must inform the User how the Personal Information gathered will be used, and provide the User with the opportunity to opt-out from such surveys.
- Storage and security
- Personal Information will be stored safely. Personal Information will be destroyed and deleted in accordance with the POPI Act.
- DK GAS APPLIANCES (PTY) LTD takes the safety, security and confidentiality of your Personal Information very seriously and will take all reasonable technical and organisational measures to prevent any loss of, damage to, unlawful access to or processing of your personal information.
- Your Rights
- You rights include asking us not to process your Personal Information for marketing or any other purposes. To inform us of whether or not you want to receive marketing or other communications, simply indicate your consent preferences when you provide us with your Personal Information or at any future time by emailing us at info@DK Gas Appliances (Pty) Ltd.co.za
- You also have the right to access Personal Information held about you by emailing us at email@example.com Gas Appliances (Pty) Ltd.co.za. We will send you the Personal Information held by us within the appropriate legal time limit
- You rights also include the ability to request us to update your Personal Information that we have collected or stored to ensure accuracy and also to request that we delete any of your Personal Information we hold.
5. Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future, we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- The information we provide on this website is of a general nature only. We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances and we give no warranty and accept no liability should you use the information without obtaining independent advice.
- We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owner of that material and we are not responsible for any errors or omissions in such material.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website
- These terms and conditions are to be governed by and construed in accordance with the laws of South Africa and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Africa and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
9. Use of the information
We shall only use the Information as provided for in these terms and conditions, and in terms of the website, and shall only release to the chosen entities that are related to DK GAS APPLIANCES (PTY) LTD, certain types of Information provided by the User.
We reserve the right, within our sole discretion and at any time, to amend these terms and conditions, which includes deleting any terms and conditions and adding any further terms and conditions.
- The amended terms and conditions will immediately and automatically come into effect.
- The amendments will be binding on the User and will immediately and automatically form part of these terms and conditions, subject to the above option to terminate.
The User hereby undertake to ensure to keep all Information updated and current and acknowledge and accept that all entities that are related to DK GAS APPLIANCES (PTY) LTD, shall immediately have access to all such updated Information should they so require.
12. Accuracy of information
- We do not guarantee the accuracy of any Information which is found on this website, therefore the User should not assume that the Information on the website is always current or accurate, and other sources of this Information should be consulted before making any decision to act on the Information displayed on this website.
- The User hereby agrees to provide only accurate Information.
- The User will remain liable to any third party for the inaccurate Information furnished by the User and we, as the provider of the medium to display and make the information available, will not be held liable to any third party regarding the content of the User’s Information.
There are no fees charged to the User, who willingly makes use of the website and/or the services herein.
Transacting on our website constitutes a legal transaction between two willing parties. Your rights are protected by the CPA and we in no way limit these. However please be aware of the warranty procedures and policies that govern these transactions, as specified below:
14. Availability of website and service
The availability of this website and the service may become unavailable from time to time due to maintenance, electricity supply failure, network problems or for any other reason.
DK GAS APPLIANCES (PTY) LTD shall not be held liable for any interruptions in the availability of the website and the services, for any reason.
- Product Availability and stock outs
- Due to the nature of our business we cannot guarantee that every transaction concluded on the website will have suitable stock available. We aim to be in stock of every item listed, however practically this isn’t always possible.
- DK Gas Appliances (Pty) Ltd will contact you in the instance of an item not being available and you will have the choice to either wait for replenishment stock (quoted in the correspondence) or receive a full refund, matched to your original method of payment.
- How your order will be processed
- Order processing will begin as soon as we have confirmed payment, whose processing time is out of our control. We aim to process and despatch your order within 2 working days of payment confirmation.
- Product Availability and stock outs
15. The user's privacy
- We acknowledge that the User has the right to privacy and privacy of the Information provided, and we respect this right.
- We shall use our best endeavours to protect the User’s Information and to keep it confidential from persons who are not authorised to have access to and view the Information.
16. General Disclaimer
The User hereby agrees to access and use this website entirely at its own risk.
By opening an account on the www.totai.co.za website / online shop, I consent that the personal information I am providing is voluntary, specific and informed
18. Intellectual property rights
DK GAS APPLIANCES (PTY) LTD is the owner of this website and the contents thereof and we retain all intellectual property rights thereto, whether registered or not, including all current and future content on the website, which is not owned by a third party, and nothing in this website should be construed as a right to use or licence of any of the intellectual property.
- The website and its contents, which includes all intellectual property therein, may not be reproduced, copied, used, sold or displayed in any manner whatsoever, without our express prior written consent thereto.
19 Links and linking
We provide the User with links to other websites through this website. The fact that we have such links must not be construed as constituting any relationship or endorsement of the linked third party and the reliance on any Information and content provided by the external link is entirely at the User’s own risk.
- We may at times, display third party advertising and promotional material on this website and the display of such material should not be construed as us endorsing or creating any relationship between us and that third party. Reliance on any such promotional or advertising material is entirely at the User’s own risk.
- If a third party wishes to link to this website from their website, they must first obtain our express prior written approval and permission.
20. Termination and suspension
We may, in our sole discretion decide to discontinue with the service provided in this website and may terminate the website itself, at any time whatsoever and the User shall have no recourse in any event of termination.
- We may, in our sole discretion decide to suspend the service provided in this website and website itself, at any time whatsoever, and the User shall have no recourse in any event of suspension.
21. Good Faith
- Returns, Warranty and refund policy.
- Faulty products within the warranty period can be returned at our cost, for repair and if unsuccessful, replacement.
- Should a purchased product not operate as intended or be classified faulty within 14 days from receipt, DK Gas Appliances (Pty) Ltd will cover collection and redelivery costs of your item. This does not cover wilful neglect, user abuse and failure to follow instructions or terms of the warranty and user guide or use inconsistent with the intended purpose of the product as defined by DK Gas Appliances (Pty) Ltd.
- After 14 days but still within the warranty period, should you wish to return your product, delivery costs will be for your account. If the product is faulty DK Gas Appliances (Pty) Ltd will repair or replace the item and redeliver the item at DK Gas Appliances (Pty) Ltd’s cost – as fast as possible. Should DK Gas Appliances (Pty) Ltd be unable to repair or replace, you will be refunded the initial cost if the item in question as per your invoice.
- Goods delivered that are unwanted may be returned for a refund within 5 business days from date of delivery. All returned goods must be returned in their original packaging and original condition, (undamaged), and unopened. These goods will be subject to a 25% handling charge. Delivery costs will in no way be refunded. The costs of returning unwanted goods will not be for DK Gas Appliances (Pty) Ltd’s account.
22. Governing Law
This website is owned and operated within the Republic of South Africa. We, as well as the User, hereby agree that these terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.
24. Entire Agreement
- This Website is controlled, operated and administered by Provider from its offices as set out below within the Republic of South Africa.
- If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.
- These Terms constitutes the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
*“User/s” means the person who chooses to insert their personal Information on the website, which Information is to be distributed and the terms and conditions herein apply to the User, as the context indicates.
**“Information” means any personal details which the User provides in any way through the use of this website, in any form whatsoever, which includes but is not limited to its names, postal and physical addresses, contact numbers, e-mail address and name of employer and any other type of personal Information as defined in POPI, each of which forms a separate data tag of Information on the website.