Website & eCommerce Terms and Conditions
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
SECTION 1: INTRODUCTION
1.1 This document contains terms and conditions (“Conditions“) that apply to anyone registering for purposes of purchasing a product or service offered by Team ZapdOaks Proprietary Limited.
1.2 Unless otherwise stated, the Website and its related information is provided to you by Team ZapdOaks Proprietary Limited (hereinafter referred to as “Team ZapdOaks” or “ZapdOaks“), a company registered in the Republic of South Africa (Registration Number: 2016/363120/07).
1.3 These Conditions define the terms of agreement entered into between you and Team ZapdOaks (“the Agreement”). Access to this website located at www.zapdoaks.com (“the Website”), as well as the information, products and services Team ZapdOaks provides to you, are subject to these conditions.
1.4 When you register to receive information and/or products from Team ZapdOaks you are entering into contract with Team ZapdOaks. These Conditions contain the terms of that contract. They incorporate and are subject to the rules, policies and procedures that may also be laid out in other parts of this Website.
1.5 Collectively, they set out the responsibilities and rights of each party.
1.6 By registering on the Website to purchase products and/or services, you agree to be bound by these Conditions. In the event that, for any reason, you do not agree to all of the terms and conditions, you may not continue to use the Website.
1.7 If any part of this Agreement is unclear or not understood by you, you are required to seek clarity by contacting a representative of Team ZapdOaks using the details provided on the ‘Contact’ page of the Website.
SECTION 2: DEFINITIONS
2.1 “Conditions” means the requirements expressly contained in this document, or implied, that each contracting party must first perform before being in a position to demand performance of the other contracting party, and that give effect to this agreement.
2.2 “CPA” means the Consumer Protection Act No. 68 of 2008 a law promulgated in the Republic of South Africa.
2.3 “Team ZapdOaks” means Team ZapdOaks Proprietary Limited (hereinafter referred to as “Team ZapdOaks” or “ZapdOaks“), a company registered in the Republic of South Africa (Registration Number: 2016/363120/07).
2.4 “Intellectual Property Rights” means information subject to copyright, trademarks, trade secrets, service marks and other intellectual property rights (whether registered or not), including in other jurisdictions that grant similar rights.
2.5 “Party” means the registered user and Team ZapdOaks, respectively, as the context requires, and “parties” shall have a corresponding meaning.
2.6 “Personal Information” is as defined in the Protection of Personal Information Act 4 of 2013, a law promulgated in the Republic of South Africa.
SECTION 3: AGREEMENT
3.1 By entering your details on the registration page of the Website, you are considered to have registered on the Website with the intent of receiving information, products and services provided by Team ZapdOaks. By registering you are indicating that you have read, understood and agreed to the terms of this Agreement.
3.2 On each occasion that you register to purchase a product from Team ZapdOaks, you enter into a separate Agreement and are agreeing to the terms of this Agreement.
3.3 Should any of the content of the Website be in conflict with the content of this Agreement, the content of this Agreement shall prevail.
3.4 Anyone making use of the website and the related services, that is under the age of 18 (eighteen) years, is required to obtain their parents’ or legal guardians’ consent to do so prior to interacting on the website.
3.5 As part of the procedures relating products from this Website, additional terms may be specified as part of the nature of product or service delivery. [for example; expected pre-order fulfilment dates]. The content of these additional terms are considered addenda to this Agreement.
3.6 This Agreement is governed by the laws of the Republic of South Africa. In the event of any dispute arising from the Agreement, you consent to the jurisdiction of the Western Cape High Court.
SECTION 4: REGISTRATION
4.1 You are not required to register for information or purchasing of products using the Team ZapdOaks Website. In the event that you do elect to register, you may not register for information and products without first accepting the terms of this Agreement.
4.2 The name you provide when registering, and thus entering into this Agreement, must be identical to the name contained in an authentic identity document, birth certificate or passport used to identify you as a legal person. Team ZapdOaks reserve the right to seek assurance of your identity to authenticate the same.
4.3 Any information of whatsoever nature, provided when registering for information and products shall be accurate, complete and true.
4.4 Before purchasing a product offered by Team ZapdOaks, you are first required to satisfy yourself that the product is relevant, suitable for your needs. For this purpose, a synopsis or product descriptor has been created for each of the products offered.
4.5 Team ZapdOaks reserves the right to limit the sale of product to any user, geography or jurisdiction. Team ZapdOaks reserves the right to exercise these limitations on a case-by-case basis. Team ZapdOaks may limit quantities of products or services without notice or providing reason. All product or service descriptors may be amended at anytime without notice, at the sole discretion of Team ZapdOaks. Any product or service may be discontinued at any time.
4.6 Should the Consumer Protection Act (Act 68 of 2008) be applicable to this Agreement, the user’s rights under sections 54, 55, and 56 of the Consumer Protection Act shall not be interpreted to be excluded, and are admitted only to the minimum possible extent. The user will have no rights in respect of quality of service, safe and good quality goods or implied warranty of quality beyond those explicitly stated in this Agreement or the aforementioned or subsequent sections.
SECTION 5: CHANGES TO PRODUCTS, PRICING AND TERMS OF SERVICE
5.1 Team ZapdOaks will continually endeavour to provide a client with value for money. Consequently, Team ZapdOaks’s suppliers may be changed without notice. Team ZapdOaks reserve the right to amend products, services and related prices without notice.
5.2 Team ZapdOaks reserve the right to change or discontinue, at any time, the information, products and services, or any part thereof, without notice.
5.3 Team ZapdOaks shall not be liable for direct or indirect consequence for any change, including fee and price changes, suspension or discontinuance of information, products and services.
5.4 The current version of these terms and conditions may be viewed on this page at any time.
5.5 Team ZapdOaks reserves the right to update, change or replace any part of these terms and conditions by posting the changes and updates to the Team ZapdOaks website. It is the sole responsibility of the user of these services to periodically appraise themselves of any amended terms and conditions that may be made from time to time.
SECTION 6: COMPLAINTS
6.1 Complaints or appeals may be submitted to the Managing Director of Team ZapdOaks. Such submissions shall be in writing, addressed to the contact details displayed on the contact page of the Website.
6.2 Complaints and appeals will be fully investigated and will receive written response.
6.3 You are required to include your order details in the content of the written submission, along with the associated description of the matter.
SECTION 7: EXCEPTIONAL CIRCUMSTANCES
7.1 In exceptional circumstances, performance against obligations defined by the conditions of this Agreement may be delayed or abandoned due to any cause that is beyond either party’s reasonable control. Including but without limitation to the following: fire, flood, natural physical disaster, pandemic, terrorist acts, sabotage, industrial disputes, civil unrest, war or threat of war, and failure of electrical supply.
7.2 In exceptional circumstances the parties may come to an agreed resolution. Alternatively, the affected party may declare a dispute by submitting written notice to the offending party, within 7 days of an incident considered, in their opinion, to be an exceptional circumstance. Such notice shall be subject to the provisions of this Agreement and handled according to the provisions of Dispute Resolution.
SECTION 8: ERRORS AND OMISSIONS
8.1 Team ZapdOaks reserves the right to correct inaccurate, information errors or omissions including but not limited to typographical errors, product descriptions, pricing, courier charges, durations, transit duration and availability, without notice. Correction of errors and omissions may be made at any time without prior notice, including after the placement of an order.
SECTION 9: DISCLAIMER AND DISPUTE RESOLUTION
9.1 Team ZapdOaks does not guarantee or warrant that the product provided by the website will be without interruption, that it is secure or error-free.
9.2 By using this website the user agrees that the products may, from time to time, be removed for indefinite periods of time.
9.3 By using the Team ZapdOaks website, in terms of this agreement, the user expressly agrees that the user’s use of or inability to use the product is at the sole risk of the user. The service and all products and services delivered to the user through the service are (except as expressly stated by Team ZapdOaks) 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.
9.4 Any dispute arising out of or in connection with: the interpretation of; the effect of; the implementation of; you and Team ZapdOaks’s respective rights and obligations under; a breach of; any matter arising out of or in connection with, or the rectification of this Agreement and which has not been resolved as provided for elsewhere in this Agreement, shall be decided by arbitration in the manner set out in this clause.
9.4.1 Such arbitration shall be held subject to the provisions of this clause: at a location located within the Republic of South Africa, informally on such rules as to procedure set by the arbitrator but otherwise in accordance with the provisions of the Arbitration Act No. 42 of 1965, as amended, and confidentially;
9.4.2 It being the intention that, if possible, the arbitration shall be held and concluded within 21 business days after it has been demanded.
9.5 If the parties cannot agree upon an arbitrator, the President for the time being of the Western Cape Law Society, shall be approached by either party to decide upon the appointment of a suitable arbitrator, bearing in mind the nature of the dispute, which decision shall be final and binding upon the parties.
9.6 The parties irrevocably agree that any decision in such arbitration proceedings:
9.6.1 shall be binding on them;
9.6.2 shall be carried into effect;
9.6.3 may be made an order of any court of competent jurisdiction;
9.6.4 shall include such order as to costs as the arbitrator deem fit.
9.7 If Team ZapdOaks institutes any legal proceedings against you to enforce any of its rights under this agreement it shall be entitled to recover from you all the legal costs it incurs to its own attorneys in accordance with their then usual charges and assessed as between attorney and own client.
SECTION 10: YOUR PERSONAL INFORMATION
10.1 In order for you to purchase products or services on the Team ZapdOaks web site you are required to disclose information of a personal nature that may include your user name and password, name, surname, identity number, date of birth, postal and residential address, email address, internet protocol address and telephone numbers. By providing this type of information when registering to make a purchase, you consent to this information being used and processed, along with information supporting your participation in training courses.
10.2 Team ZapdOaks may use the information you provide to process your registration, to communicate with you and to provide products and services, it is therefore critical that this information is correct and maintained by you when your circumstance and associated personal information changes.
10.3 Team ZapdOaks commits to never, in any way provide, disclose or sell personal information to a third party that is not affiliated with Team ZapdOaks and shall only provide such affiliates, including content providers, information that is necessary for the discharge of their duties that support the provision of Team ZapdOaks services.
10.4 Team ZapdOaks retains the right to use your private information in the discharge of its duties in law and in support of the services provided to you. This may include its efforts to improve the functionality of the Website, improve the services it offers to the market, and protect its rights in legal matters.
10.5 Team ZapdOaks will use your personal information to communicate with you administrative information and customer services relating to our products.
10.6 Team ZapdOaks reserve the right to disclose your Personal Information if required by a court of law to do so.
10.7 Team ZapdOaks may use your personal information to communicate newsletters, notices and marketing material to the email address provided by you during registration, or as amended from time-to-time. You may unsubscribe from such communication by selecting the ‘unsubscribe’ link displayed on the related email.
NOTE: This clause is to be read in conjunction with the Privacy Policy displayed on the Team ZapdOaks Website.
SECTION 11: DELIVERY
11.1 Team ZapdOaks makes use of courier services to distribute some of its products. Delivery times may vary depending on product type and availability however, delivery estimates vary between 1 and 7 business days from time of placing an order.
NOTE: This clause is to be read in conjunction with the Shipping Policy displayed on the Team ZapdOaks Website.
SECTION 12: GOVERNING LAW AND JURISDICTION
12.1 This Agreement shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Western Cape High Court in the event of any dispute arising from this Agreement. If any of the provisions of this Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of the Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and Team ZapdOaks with regard to the use of the Website, registration and the purchase of products.
SECTION 13: PURCHASES, PAYMENT AND RETURNS / REFUND
13.1 We accept the following forms of payment:
13.1.1 Visa
13.1.2 Mastercard
13.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. V.A.T may be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in South African RAND (ZAR).
13.3 You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
13.4 We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
13.5 Please review our Refund Policy posted on the Site prior to making any purchases.
SECTION 14 – THIRD-PARTY LINKS
14.1 Certain content, products and services available via our Service may include materials from third-parties.
14.2 Third-party links on this site 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 have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
14.3 We are not liable for any harm 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. Please review carefully 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.
SECTION 15 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
15.1 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.
15.2 We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
15.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
15.4 You 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 libelous 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.
15.5 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.
SECTION 16 – PROHIBITED USES
16.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
16.1.1 for any unlawful purpose;
16.1.2 to solicit others to perform or participate in any unlawful acts;
16.1.3 to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
16.1.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
16.1.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
16.1.6 to submit false or misleading information;
16.1.7 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;
16.1.8 to collect or track the personal information of others;
16.1.9 to spam, phish, pharm, pretext, spider, crawl, or scrape;
16.1.10 for any obscene or immoral purpose; or
16.1.11 to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
16.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
17.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
17.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
17.3 You 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.
17.4 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.
17.5 In no case shall Team ZapdOaks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, tort (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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 – INDEMNIFICATION
18.1 You agree to indemnify, defend and hold harmless Team ZapdOaks and our parent, 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 19 – SEVERABILITY
19.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – TERMINATION
20.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
20.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
20.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 – ENTIRE AGREEMENT
21.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
21.2 These Terms of Service 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 prior versions of the Terms of Service).
21.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 – CONTACT INFORMATION
22.1 Questions about the Terms of Service should be sent to us at nick@zapdoaks.com.