Terms and conditions

General_Terms_and_Conditions

HELLOBASA (PTY) LTD TERMS AND CONDITIONS

(“GENERAL WEBSITE TERMS AND CONDITIONS”)

 

THESE GENERAL WEBSITE TERMS AND CONDITIONS ARE EFFECTIVE AS OF: 29 SEPTEMBER 2022

“EFFECTIVE DATE”.

READ THESE GENERAL WEBSITE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING AS A USER. YOUR CONTINUED USE OF THE WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE GENERAL WEBSITE TERMS AND CONDITIONS. YOU CANNOT REGISTER AS A USER IF YOU DO NOT ACCEPT THESE GENERAL WEBSITE TERMS AND CONDITIONS. ALL SECTIONS OF THE GENERAL WEBSITE TERMS AND CONDITIONS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

 

1. INTRODUCTION

 

1. 1. The Website situate at: https://hellobasa.com is made available, and owned by Hellobasa (Pty) Ltd (bearing registration number: 2020/537249/07) (hereinafter referred to as “the Company”, “Website”, "we", “our", "us" or “its”). Any reference to "the Company", "we", "our", "us" or “its” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub- contractors, service providers and suppliers.

 

1. 2. The General Website Terms and Conditions, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the "Terms") apply to Users making use of the Company Services.

 

1. 3. By utilising the Company Services after the Effective Date will signify that the User has read, understands, accepts, and agrees to be bound, and is bound, by these General Website Terms and Conditions in such User’s individual capacity and/or for and on behalf of any entity that utilises the Company Services. Further, the User represents and warrants that it has the authority to do so and that in the case of a User being a natural person, the User is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

 

1. 4. To the extent permitted by applicable law, the Company may modify the General Website Terms and Conditions with prospective effect without prior notice to a User, and any revisions to the General Website Terms and Conditions shall be noted within such General Website Terms and Conditions and will take effect when posted on the Website, unless a later date is otherwise stated in the revised General Website Terms and Conditions.  The Company will however use its best endeavours to email any such amendments to the General Website Terms and Conditions to the User prior to same coming into effect. A User’s continued use of the Company Services will be construed as the User consenting to the amended or updated General Website Terms and Conditions, and will be conditional upon the Terms in force at the time of use. The User’s only remedy, should such User not agree to these General Website Terms and Conditions, is to no longer make use of the Company Services.

 

1. 5. The Company does not accept any Users, or representatives of a User under the age of majority or who otherwise do not have the relevant capacity to be bound by the General Website Terms and Conditions or Terms, unless such User has, through their parent or guardian, consented to the terms hereof.

 

2. INTERPRETATION

 

In these General Website Terms and Conditions:

 

1. 1. clause headings are for convenience purposes and are not to be used in its interpretation;

 

1. 2. unless the context indicates a contrary intention, an expression which denotes:

 

1. 1. 1. any gender includes the other gender;

 

1. 1. 2. a natural person includes a juristic person and vice versa;

 

1. 1. 3. the singular includes the plural and vice versa;

 

1. 3. the following expressions bear the meanings assigned to them below and cognate expression bear corresponding meanings;

 

1. 1. 1. “Business Day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa;

 

1. 1. 2. “Company” means Hellobasa (Pty) Ltd (Registration Number: 2020/537249/07) a private company duly incorporated in accordance with the company laws of South Africa, carrying on business at 15 Maple Street Sunnyside, Pretoria, Gauteng 0002 South Africa.  Email: support@hellobasa.com;

 

1. 1. 3. “Company’s Associates” means the Company’s officers, servants, agents, contractors, or other persons in respect of whose actions the Company may be held to be vicariously liable;

 

1. 1. 4. “Company Services” means the services provided by the Company to a Customer or Supplier and as set out more fully in the Customer Terms and Conditions or Supplier Terms and Conditions applicable to the Customer or Supplier as the case may be;

 

1. 1. 5. “Customer” means a natural person or a person duly authorised by an entity who makes use of the Services provided by the Supplier through the Website. It also includes by default, any user who simply browses the Website;

 

1. 1. 6. “Customer Terms and Conditions” means the Terms and Conditions which govern inter alia the Customer’s relationship with the Company and with the Supplier, which may be found at: https://hellobasa.com/terms;

 

1. 1. 7. “General Website Terms and Conditions” means these Terms and Conditions;

 

1. 1. 8. “Losses” means all losses (including, but not limited to, those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);

 

1. 1. 9. “Parties” means the Company and the User, and “Party” means any one of then as the context may require;

 

1. 1. 10. “Privacy Policy” means the Privacy Policy which is to be read as if specifically incorporated herein, which may be found at: https://hellobasa.com/policy;

 

1. 1. 11. “Supplier Services” means the services which a Supplier is able to provide to a Customer as set out in on the Website;

 

1. 1. 12. “Supplier” means the person or entity providing the Supplier Services as set out on the Website to a Customer;

 

1. 1. 13. “Suppliers Terms and Conditions” means the Terms and Conditions which govern, inter alia, the Supplier’s relationship with the Company and with the Customer, which may be found at: https://hellobasa.com/sellerterms;

 

1. 1. 14. “Terms” means the Supplier Terms and Conditions, Customer Terms and Conditions, General Website Terms and Conditions and Privacy Policy collectively;

 

1. 1. 15. “Terms and Conditions” means the Customer Terms and Conditions, as applicable if the User is a Customer, or Supplier Terms and Conditions if the User is a Supplier, which are to be read as if specifically incorporated herein as appropriate to the User, which may be found at: https://hellobasa.com/terms, https://hellobasa.com/sellerterms respectively;

 

1. 1. 16. “Users” means, in terms of the General Website Terms and Conditions, the Supplier or the Customer or both, as the context implies; and

 

1. 1. 17. “Website” means the Website as owned, hosted and managed by the Company through which the Company Services are provided, and which Website can be found at the following URL: https://hellobasa.com.  Any reference to the Website shall automatically include any software applications made available from time to time which permit the provision of the Company Services.

 

1. 4. If any provision is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect will be given to it as if it were a substantive provision in the body of the General Website Terms and Conditions.

 

1. 5. Words and expressions defined in any clause shall, for the purpose of that clause, bear the meaning assigned to such words and expressions in such clause.

 

1. 6. By entering into this General Website Terms and Conditions, the User agrees to be bound by the corresponding Terms and Conditions applicable to it together with the Privacy Policy.

 

1. 7. The words "include" and "including" mean "include without limitation" and "including without limitation". The use of the words "include" and "including" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.

 

1. 8. Any reference in this Agreement to:

 

1. 1. 1. "business hours" shall be construed as being the hours between 08h30 and 17h00 on any Business Day. Any reference to time shall be based upon South African Standard Time;

 

1. 1. 2. "days" shall be construed as calendar days unless qualified by the word "business", in which instance a "Business Day" will be any day other than a Saturday, Sunday or public holiday as gazetted by the government of South Africa from time to time;

 

1. 1. 3. "laws" means all constitutions; statutes; regulations; by-laws; codes; ordinances; decrees; rules; judicial, arbitral, administrative, ministerial, departmental or regulatory judgments, orders, decisions, rulings, or awards; policies; voluntary restraints; guidelines; directives; compliance notices; abatement notices; agreements with, requirements of, or instructions by any Governmental Body; and the common law, and "law" shall have a similar meaning; and

 

1. 1. 4. "person" means any natural person, company, close corporation, trust, partnership, joint venture, association, unincorporated association, Governmental Body, or other entity whether or not having separate legal personality.

 

3. REFUND POLICY

 

1. 1. In the event of a Customer seeking a refund, the process as set out in clause 10 below shall be followed, and pending the outcome of the procedure set out therein, and only if the Supplier is found to be at fault will such refund be entertained, on the provision that the Company is holding sufficient funds as paid by the Customer to honour such refund.

 

4. RESTRICTIONS

 

1. 1. The User may not:

 

1. 1. 1. publish or mirror any of this Website’s material in any media whatsoever;

 

1. 1. 2. use the Website or the Company Services for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material or comments;

 

1. 1. 3. take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, including spam or other unsolicited mass e-mailing techniques;

 

1. 1. 4. mislead or deceive others through any act or omission or make a false representation about the User’s identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;

 

1. 1. 5. conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;

 

1. 1. 6. copy, collect or save information about other Users of the Website;

 

1. 1. 7. introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment to the Website or to other Users using the Website;

 

1. 1. 8. stalk or harass anyone;

 

1. 1. 9. attempt to disrupt or interfere with the Company Services as delivered through the Website;

 

1. 1. 10. use the details of other Users for anything other than the use expressly permitted by those Users;

 

1. 1. 11. download, access, use, harvest or download in bulk other User details;

 

1. 1. 12. pass on a User’s log in details to anyone other than the authorised user of that account;

 

1. 1. 13. remove or alter the Company’s copyright notices or other means of identification including any watermarks, as they appear on the Website;

 

1. 1. 14. use the Company Services contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

 

1. 1. 15. use the Company Services to engage in any advertising or marketing other than in a manner expressly permitted by the Website;

 

1. 1. 16. crawl, spider or scrape the content of the Website, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Website;

 

1. 1. 17. register for more than one account on the Website; or

 

1. 1. 18. provide unauthorised interfaces to the Website.

 

1. 2. The User understands and agrees that it is solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to its use of the Company Services.

 

1. 3. Certain areas of this Website are restricted from being accessed by a User, and the Company may further restrict access by a User to any areas of this Website, at any time, in its absolute discretion.

 

5. CONFIDENTIALITY

 

1. 1. Confidential information means any documents or information created, received or obtained from the Company, together with information relating to the Company as well as non-public information pertaining to the Company’s business (including, without limitation any related entities, the identity of the Users, and any content marked confidential or reasonably construed as being confidential due to its nature) (“Confidential Information”) which must remain strictly confidential.

 

1. 2. A User may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to any third party without that party’s prior written permission, or in violation of any express or implied duty or contractual right.

 

1. 3. Where a User is legally required to disclose the Confidential Information, it shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.

 

1. 4. A User shall notify the Company immediately upon becoming aware of a suspected or actual breach of this obligation.

 

1. 5. The Company will not disclose or make available to any third party, directly or indirectly, any User’s Confidential Information, except where the Company has the User’s permission, where the Confidential Information is already in the public domain (through no breach of the Terms and Conditions relevant to such User), in furtherance of the User’s use of the Company Services, to enforce all or any of the Terms and Conditions applicable to such User, or if legally compelled to do so.

 

6. PROTECTION OF DATA

 

1. 1. The Company makes all reasonable efforts to ensure security on its systems. However, it cannot guarantee that Personal Information, alternatively any data uploaded onto the Website may not be accessed, disclosed, altered or destroyed by breach of the Company’s administrative, managerial and technical safeguards. Therefore, the Company urges the User to take adequate precautions to protect its personal data and login details including never sharing its password with anyone.

 

 

7. INTELLECTUAL PROPERTY

 

1. 1. A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by the Company.

 

1. 2. The Company owns or is licensed to use all intellectual property on the Website.  A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

 

8. BREACH

 

1. 1. If either Party commits a breach of the Terms and Conditions applicable to it and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the applicable Terms and Conditions and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.

 

9. DISPUTE RESOLUTION BETWEEN THE USER AND THE COMPANY

 

1. 1. Any dispute which arises between the Parties in respect of the applicable Terms and Conditions shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.

 

1. 2. If the dispute cannot be resolved in accordance with the foregoing, the dispute shall be finally resolved in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.

 

1. 3. Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

 

1. 4. The arbitration referred to in clause 9.3 above shall be held:

 

1. 1. 1. at Johannesburg or other venue agreed by the Parties in writing;

 

1. 1. 2. in English; and

 

1. 1. 3. immediately and with a view to its being completed within 21 (twenty one) days after it is demanded.

 

1. 5. The Parties irrevocably agree that the decision in arbitration proceedings:

 

1. 1. 1. shall be final and binding upon them;

 

1. 1. 2. shall be carried into effect; and

 

1. 1. 3. may be made an order of any court of competent jurisdiction.

 

10. INFORMAL DISPUTE RESOLUTION BETWEEN USERS

 

1. 1. The User acknowledges that by using the Company Services, it shall engage in an informal dispute resolution process, in accordance with the terms set forth herein, in an attempt to resolve any dispute as cost effectively and as speedily as possible vis-à-vis a Supplier and Customer.

 

1. 2. Should one User wish to raise a dispute against another (a “Contract Dispute”), such dispute may be raised by support@hellobasa.com (the “Dispute Notice”). The Dispute Notice shall provide a brief description of the nature of the dispute and should include all information necessary to enable the Company to investigate the Contract Dispute.

 

1. 3. The other party to the Contract Dispute shall then be invited to respond to the Dispute Notice with a brief description of his/her/its version of the Contract Dispute. The Company will then assess the merits of the Contract Dispute and attempt to informally resolve the Contract Dispute within 7 (seven) days from the date of delivery of such Dispute Notice to the Company, which, if successful, will avoid the need for further action.

 

1. 4. In the unlikely event that the Company is unable to resolve the Contract Claim within the aforesaid 7 (seven) days, the Customer agrees to resolve such Contract Claim in accordance with clause 9.2 to 9.5 mutatis mutandis.

 

11. LIABILITY

 

1. 1. Disclaimers and limitation of liability:

 

1. 1. 1. To the fullest extent permissible by law, the Company disclaims all warranties, any representations of fitness for purpose of any kind, whether express or implied in respect of the Company Services and the User utilises the Company Services at its own risk.

 

1. 1. 2. The User agrees that the Company is unable to, and is not required to, guarantee a particular result, or set of commercial results.

 

1. 1. 3. The User agrees that neither the Company nor the Company’s Associates shall be liable for any Losses however arising and whatever the cause including, but not limited to, Losses arising as a result of the User’s negligence, and/or failure to furnish the Company with adequate information it requires in order to render the Company Services.

 

1. 1. 4. The User hereby indemnifies the Company and the Company’s Associates from any Losses, which may arise as a result of the User’s unlawful conduct, wilful misconduct, negligence, and/or gross negligence.

 

1. 1. 5. The User irrevocably waives any claims it may have against the Company arising out of, or related to (and agrees not to institute any proceedings in respect of), the Company Services or the Terms and Conditions more than 1 (one) year after the cause of action relating to such claim or legal action arose.

 

12. NOTICES AND DOMICILIUM

 

1. 1. The User chooses as its domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary the address as provided when registering as a User, and the Company chooses as its domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary, the address recorded in clause 2.3.2 above.

 

1. 2. Both the Company and the Users may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.

 

1. 3. Any notice given in terms of these General Website Terms and Conditions shall be in writing and shall:

 

1. 1. 1. if delivered via email, on the date of dispatch;

 

1. 1. 2. if delivered by hand, be deemed to have been duly received by the addressee on the date of delivery; and

 

1. 1. 3. if delivered by an internationally recognised courier service, be deemed to have been received by the addressee 3 (three) Business Days after dispatch.

 

1. 4. Notwithstanding anything to the contrary contained in these General Website Terms and Conditions, a written notice or communication actually received by a Party from another shall be adequate written notice or communication to such Party.

 

 

13. APPLICABLE LAW AND JURISDICTION

 

1. 1. The General Website Terms and Conditions read together with the applicable Terms and Conditions and the relationship between the Parties hereto shall be regulated entirely by the laws of the Republic of South Africa and, in the event of a dispute, the Parties hereto consent, at the Company’s sole and exclusive discretion to the jurisdiction of the Magistrate’s Court of South Africa.

 

14. ENTIRE AGREEMENT

 

1. 1. These General Website Terms and Conditions, in conjunction with the applicable Terms and Conditions and Privacy Policy shall constitute the entire agreement between the Parties as to the subject matter hereof and no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.

 

15. ASSIGNMENT

 

1. 1. These General Website Terms and Conditions together with the applicable Terms and Conditions are personal to the Company and the User and the User shall not be entitled to assign, transfer, alienate or otherwise dispose of all or any of its rights and/or obligations under the applicable Terms and Conditions.

 

16. FORCE MAJEURE

 

1. 1. If a Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under these General Terms and Conditions or the applicable Terms and Conditions due to third party strikes or lock-outs, server downtime, black outs, load shedding, epidemics, pandemics, riots, wars, sabotage, governmental laws, regulations or rulings, acts of God, fire, flood and other acts beyond the control of such Party, the Party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages whether general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always that written notice shall forthwith be given of any such inability to perform by the affected Party. Any Party invoking force majeure shall upon termination of such event giving rise thereto, forthwith give written notice thereof to the other Party.

 

1. 2. If the event continues for a period of 30 (thirty) days, either Party may then give notice of termination of these General Website Terms and Conditions and the applicable Terms and Conditions, which termination shall take effect 7 (seven) Business Days after the giving of the notice.

 

17. PREPARATION

 

1. 1. These General Website Terms and Conditions have been custom created for the Company by the good folks at Legal Legends www.legallegends.co.za.

Customer_Terms_and_Conditions

HELLOBASA (PTY) LTD TERMS AND CONDITIONS

(“CUSTOMER TERMS AND CONDITIONS”)

 

THESE CUSTOMER TERMS AND CONDITIONS ARE EFFECTIVE AS OF:

29 SEPTEMBER 2022

“EFFECTIVE DATE”.

READ THESE CUSTOMER TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING AS A CUSTOMER. YOUR CONTINUED USE OF THE WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE CUSTOMER TERMS AND CONDITIONS. YOU CANNOT REGISTER AS A CUSTOMER IF YOU DO NOT ACCEPT THESE CUSTOMER TERMS AND CONDTIONS. ALL SECTIONS OF THE CUSTOMER TERMS AND CONDITIONS ARE APPLICABLE TO ALL CUSTOMERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

 

1. INTRODUCTION

 

1. 1. The Website situated at: https://hellobasa.com is made available, and owned by Hellobasa (Pty) Ltd (bearing registration number: 2020/537249/07) (hereinafter referred to as “the Company”, “Website”, "we", “our", "us" or “its”). Any reference to "the Company", "we", "our", "us" or “its” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub- contractors, service providers and suppliers.

  

1. 2. The Customer Terms and Conditions, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the "Terms") apply to Customers making use of the Company Services.

 

1. 3. By utilising the Company Services after the Effective Date will signify that the Customer has read, understands, accepts, and agrees to be bound, and is bound, by these Customer Terms and Conditions in such Customer’s individual capacity and/or for and on behalf of any entity that utilises the Company Services. Further, the Customer represents and warrants that it has the authority to do so and that in the case of a Customer being a natural person, the Customer is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

 

1. 4. To the extent permitted by applicable law, the Company may modify the Customer Terms and Conditions with prospective effect without prior notice to a Customer, and any revisions to the Customer Terms and Conditions shall be noted within such Customer Terms and Conditions and will take effect when posted on the Website, unless a later date is otherwise stated in the revised Customer Terms and Conditions.  The Company will however use its best endeavours to email any such amendments to the Customer Terms and Conditions to the Customer prior to same coming into effect. A Customer’s continued use of the Company Services will be construed as the Customer consenting to the amended or updated Customer Terms and Conditions, and will be conditional upon the Customer Terms and Conditions in force at the time of use. The Customer’s only remedy, should such Customer not agree to these Customer Terms and Conditions, is to no longer make use of the Company Services.

 

1. 5. The Company does not accept any Customers, or representatives of a Customer under the age of majority or who otherwise do not have the relevant capacity to be bound by the Customer Terms and Conditions, unless such Customer has, through their parent or guardian, consented to the terms hereof.

 

2. INTERPRETATION

 

In these Customer Terms and Conditions:

 

1. 1. clause headings are for convenience purposes and are not to be used in its interpretation;

 

1. 2. unless the context indicates a contrary intention, an expression which denotes:

 

1. 1. 1. any gender includes the other gender;

 

1. 1. 2. a natural person includes a juristic person and vice versa;

 

1. 1. 3. the singular includes the plural and vice versa;

 

1. 3. the following expressions bear the meanings assigned to them below and cognate expression bear corresponding meanings;

 

1. 1. 1. “Commencement Date” means the date on which the Customer registers on the Website;

 

1. 1. 2. “Company” means Hellobasa (Pty) Ltd (Registration Number: 2020/537249/07) a private company duly incorporated in accordance with the company laws of South Africa, carrying on business at 15 Maple Street Sunnyside Pretoria, Gauteng 0002 South Africa.  Email: support@hellobasa.com;

 

1. 1. 3. “Company Services” means the services provided by the Company to the Customer as set out in clause 5 below;

 

1. 1. 4. “Content” shall mean photos, media, videos, information and the like uploaded by a Supplier onto the Website, which the Customer may peruse;

 

1. 1. 5. “Customer” means a natural person or a person duly authorised by an entity who makes use of the Services provided by the Supplier through the Website.  It also includes by default, any user who simply browses the Website;

 

1. 1. 6. “Customer Terms and Conditions” means these Terms and Conditions;

 

1. 1. 7. “General Website Terms and Conditions” means the Website Terms and Conditions which are to be read as if specifically incorporated herein, which may be found at: https://hellobasa.com/terms;

 

1. 1. 8. “Parties” means the Company and the Customer, and “Party” means either of them as the context may require;

 

1. 1. 9. “Privacy Policy” means the Privacy Policy which is to be read as if specifically incorporated herein, which may be found at: https://hellobasa.com/policy;

 

1. 1. 10. “Profile” shall mean the details and Content of a Supplier on the Website, which the Customer may peruse;

 

1. 1. 11. “Services” means the services which a Supplier is able to provide to a Customer as set out in the Profile on the Website;

 

1. 1. 12. “Supplier” means the person or entity providing the Services as shown on the Website;

 

1. 1. 13. “Terms” means the Customer Terms and Conditions, General Website Terms and Conditions and Privacy Policy collectively;

 

1. 1. 14. “Users” means, in terms of the General Website Terms and Conditions the Customer or the Supplier or both, as the context implies; and

 

1. 1. 15. “Website” means the Website as owned, hosted and managed by the Company on which a Profile is situated, and Services offered and which Website can be found at the following URL: https://hellobasa.com.  Any reference to the Website shall automatically include the Profile, as well as any software applications made available from time to time which permit the provision of the Company Services.

 

1. 4. If any provision is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect will be given to it as if it were a substantive provision in the body of the Customer Terms and Conditions.

 

1. 5. Words and expressions defined in any clause shall, for the purpose of that clause, bear the meaning assigned to such words and expressions in such clause.

 

1. 6. By entering into this Customer Terms and Conditions, the Customer also agrees to be bound by the General Website Terms and Conditions together with the Privacy Policy.

 

1. 7. To the extent that there exists any inconsistency between the terms of this Customer Terms and Conditions and the General Website Terms and Conditions the terms herein shall prevail to the extent of any inconsistency unless expressly provided otherwise herein.

 

1. 8. The words "include" and "including" mean "include without limitation" and "including without limitation". The use of the words "include" and "including" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.

 

1. 9. Any reference in this Agreement to:

 

1. 1. 1. "laws" means all constitutions; statutes; regulations; by-laws; codes; ordinances; decrees; rules; judicial, arbitral, administrative, ministerial, departmental or regulatory judgments, orders, decisions, rulings, or awards; policies; voluntary restraints; guidelines; directives; compliance notices; abatement notices; agreements with, requirements of, or instructions by any Governmental Body; and the common law, and "law" shall have a similar meaning; and

 

1. 1. 2. "person" means any natural person, company, close corporation, trust, partnership, joint venture, association, unincorporated association, Governmental Body, or other entity whether or not having separate legal personality.

 

 

 

 

3. DURATION AND TERMINATION

 

1. 1. The Customer Terms and Conditions shall commence on the Commencement Date and endure indefinitely, subject, without prejudice, to the right of either Party to terminate the Terms without notice on condition that all outstanding payments due by the Customer have been made to the Company.

 

1. 2. Notwithstanding the provisions contained in the Customer Terms and Conditions, the Company shall be entitled to terminate the Terms forthwith on written notice to the Customer if the Customer breaches the Customer Terms and Conditions.

 

4. REGISTRATION OF A CUSTOMER

 

1. 1. Only a Customer may make use of the Company Services insofar as the purchasing of Services from a Supplier is concerned. 

 

1. 2. The registration application shall require the provision of certain personal information, as set out in the Privacy Policy, which may be found at https://hellobasa.com/policy.

 

1. 3. The Customer shall thereafter be able to view all Profiles on the Website.

 

5. COMPANY SERVICES

 

1. 1. The Company shall act as a facilitator between the Customer and the Supplier by:

 

1. 1. 1. permitting the Customer to view the Profiles;

 

1. 1. 2. facilitating the purchasing of Services which the Customer may require from a Supplier; and

 

1. 1. 3. process all payments made by the Customer in respect of the Services.

 

1. 2. The Company shall not be held liable, or be seen as an alternative Party in the event of either the Supplier or the Customer not honouring any of its/their undertakings timeously, correctly, in full or at all.

 

6. PAYMENTS

 

1. 1. Registration on the Website by a Customer shall be free of charge.

 

1. 2. All payments in respect of the Services shall be made by the Customer prior to the Supplier commencing with the Services by way of credit card, EFT, Payfast, or other method as permitted from time to time by the Company, and through the Company Website.  These payments shall be held separate to those used by the Company in the running of its business.

 

1. 3. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

 

1. 4. In receiving payment on behalf of a Supplier, the Company is not assuming the role of a bank, a registered financial institution, or portraying that it is in the business of providing money or financial services.  The Company is merely processing these funds in its capacity as an agent for the Supplier.

 

1. 5. The Company shall further not be held liable for any claims, financial or otherwise, which a Customer may have against the Supplier.

 

1. 6. The Company shall hold the payment received from the Customer for the relevant Service until that Service has been delivered to the Customer, at which time, payment will be released to the relevant Supplier.

 

1. 7. In the event of a refund, such refund shall be made by the Company on behalf of the Supplier only insofar as the Company may be in receipt of the equivalent amount of the refund from the Customer.

 

7. COOLING OFF PERIOD

 

1. 1. If, following agreement on the provision of Services to a Customer by a Supplier, it becomes apparent that the scope of the Service exceeds that which the Supplier can provide, through no fault of the Supplier, then:

 

1. 1. 1. the Supplier may, within 24 (twenty four) hours of initially agreeing to provide the Service, decline to perform such Service and the Company will refund the Customer the amount paid in full in respect of same; alternatively

 

1. 1. 2. the Supplier and the Customer may agree to the scope of the Services being widened, the cost of the Services being adjusted accordingly and/or the timeframe in which the Services are to be provided being extended, and any additional amounts required to be paid by the Customer shall be paid in accordance with clause 6; alternatively

 

1. 1. 3. should the Supplier and the Customer fail to reach agreement in accordance with clause 7.1.2 within 48 (forty eight) hours of initially agreeing to provide the Services, then either the Supplier or the Customer may cancel the provision of the applicable Service and the Company will refund the Customer the amount paid in full in respect of same.

 

8. UNDERTAKINGS BY THE CUSTOMER

 

1. 1. The Customer warrants that:

 

1. 1. 1. the information as provided on registration is true and correct;

 

1. 1. 2. it shall not enter into any private negotiations with the Supplier regarding the amount due in respect of the Services, or attempt to induce the Supplier to bypass or circumvent the Company in the provision of the Services.

 

1. 2. Failure by a Customer to uphold these undertakings will be deemed to be a breach of the Customer Terms and Conditions, and may, at the Company’s discretion, result in the termination of same.

 

9. COPYRIGHTS

 

1. 1. The contents of the Website are the property of the Company. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website is that of the Company unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

 

1. 2. Except as stated in the Customer Terms and Conditions, none of the contents of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of the Company or the copyright owner, and further, should such consent be provided, the Company reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.

 

1. 3. All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of the Customer or a third party, are the exclusive property of the Company.

 

10. LIABILITIES AND INDEMNITIES

 

1. 1. Notwithstanding anything to the contrary, in no circumstances will the Company be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising for any reason whatsoever, whether in delict, contract or otherwise.

 

1. 2. The Company shall not be liable for delays, interruptions, service failures or other problems that may be caused as a result of the use of the internet and electronic devices and communications outside of its reasonable control.  

 

1. 3. Without limiting the generality of the foregoing, the Company makes no warranty that the Website will meet the Customer’s requirements, or that the Company Services will be uninterrupted, timely, secure, error free or that defects in respect of the Company Services will be corrected, nor that it will be virus free.

 

1. 4. The Customer agrees that the Company is unable to, and is not required to, guarantee a particular result, or set of commercial results.

 

1. 5. The Customer accepts that access to the Company Services, the Website and where applicable payments made in respect of the Services may be restricted on occasion due to necessary updates and maintenance being carried out on the Website. 

 

1. 6. Except for any express warranties in the Customer Terms and Conditions, the Company Services and Website are provided on an “as is” basis and used at the Customer’s own risk.

 

1. 7. The Company makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of title, fitness for a particular purpose or non-infringement.

 

11. PREPARATION

 

1. 1. These Customer Terms and Conditions have been custom created for the Company by the good folks at Legal Legends www.legallegends.co.za.