Terms

Terms & Conditions

Introduction
- This website, which is accessible at cal-mo.com (this “Website”), is made available by Cal-Mo (Pty) Ltd.(trading as “Calgel”), registration number: 2008/009616/07, on behalf of its affiliates, subsidiaries, holding companies, and partners (the “Owner”).
- These Website Terms and Conditions set out below, including any additional document incorporated herein by reference (the “Terms and Conditions”) is the sole document governing the ordering, sale and delivery of goods, services and products, and the Use of the Website.
- These Terms and Conditions are binding and enforceable against every person that accesses, is accessory to use or uses this website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and/or by clicking on the “Register Now”, “Account”, “Activate Account” or “Create” button on the website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- These Terms and Conditions regulate the terms and conditions upon which you may use, access, refer to, or view (individually and collectively referred to as “Use”) this Website and the information, content, products or services available on or through this Website (the “Website Content”), whether or not the Website Content is provided by or belongs to the Owner, its affiliates, subsidiaries, holding companies, partners, third-party providers or any other party. The Website Content includes but is not limited to any software, icons, text, graphics, photographic images, sound clips, advertisements, music, video clips, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Program-Carrying Signals, Published Editions, Computer Programs, sound and television broadcasts, ring tones, ring back tones, SMS tones, artwork trade names, logos, designs, trademarks and service marks which are displayed on or incorporated in this Web Site. The terms “Literary Works”, “Musical Works”, “Artistic Works”, “Sound Recordings”, “Cinematograph Films”, “Program-Carrying Signals”, “Published Editions”, and “Computer Programs” shall bear the meanings assigned to such terms in the Copyright Act 98 of 1978.
Consumer Protection Act 68 of 2008 (the “CPA”)
- These Terms and Conditions apply to all users, including those who are Consumers for the purposes of the CPA.
- These Terms and Conditions contain provisions which are not limited to provisions that:
  - May limit the risk or liability of the Owner or a third party; and/or
  - May create risk or liability for the User; and/or
  - May compel the user to indemnify the Owner; and/or
  - Serves as an acknowledgement by the User of a fact.
- Your attention is drawn to these aforementioned provisions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask the Owner to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or the Owner in terms of the CPA or any other applicable Act.
- The Owner permits the Use of this Website subject to the Terms and Conditions contained herein. By accessing or using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. Should you not agree to the Terms and Conditions of this Website, you will not be permitted to transact thereupon.
Price and Availability of Goods
- The prices for each of the products or services provided or rendered by the Owner via the Website (the “Products”) shall be the prices indicated in the invoice.
- For the avoidance of doubt, all, taxes, shipping costs and other tariffs and charges associated with the Products shall be added to the aggregate price of the Products and is payable by you as the buyer. All payments shall be made in the currency specified in the invoice for the Products.
- Whether or not the Owner accepts a purchase depends on the availability of goods, correctness of the information relating to the goods (including without limitation the price) and receipt of payment for the Products.
- NOTE: The Owner will indicate the acceptance of your purchases in writing and thereafter by allowing you to collect such goods and only at that point will an agreement of sale between you and the Owner come into effect (the “Sale”). This is regardless of any communication from the Owner stating that your purchase or payment has been confirmed.
- The Owner will indicate the rejection of your purchase by cancelling it, and as soon as possible thereafter, refunding you for any amount already paid. Although the Owner will update its Website regularly and will further endeavor to ensure that all products on the website are in stock or available, it may take up to 3 (three) months to order an item currently out of stock. Should a situation arise where you have paid for an out-of-stock item, you will be contacted with the option to wait for the product or be reimbursed the purchase price.
- We cannot take responsibility for incorrect email addresses/phone numbers or for failure to check email messages timeously. After your purchase and collection of the goods, you may return the goods only in accordance with the ‘Returns’ clause below. Please note that penalties and cancellation fees and costs may apply.
- You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice. We will take all reasonable steps to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the website. However, we cannot guarantee the availability of stock. When goods are no longer available after you have purchased, we will notify you and you will be entitled to a refund of any amount already paid by you for such goods.
- Certain goods may not be purchased for re-sale. Should we suspect that any such goods are being purchased for re-sale, we are entitled to cancel your order immediately on notice to you.
Errors
- We take all reasonable efforts to accurately reflect the description, availability, purchase price of goods and services on the Website. However, should there be any errors of whatsoever nature on the Website, we cannot be held liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out under ‘Returns’ below.
- We shall not be bound by any incorrect information regarding our Products displayed on any third-party websites.
Payment Options
- Payments can be made for the Products via at least one, but not necessarily all of the following methods:
  - Debit Card.
  - Credit Card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained for the amounts. Should we do not receive the requisite authorisation, your order for the Products will be cancelled.
    - You expressly warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
  - direct bank deposit or EFT.
- You may contact us via our email at info@cal-mo.com to obtain a full record of your payment. We will also send you email communications about your order and payment.
Card acquiring and Security
Card transactions will be acquired for Cal-Mo (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to paygate.co.za to view their security certificate and security policy.
Customer Privacy Policy
- Cal-Mo (Pty) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
Customer Details separate from Card
- Customer details will be stored by Cal-Mo (Pty) Ltd separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
Merchant Outlet Country and Transaction Currency
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is either in the United States Dollar (USD) or the South African Rand (ZAR) depending on the customers geographical region.
Registration
- You may be required to register with the Owner in order to access certain services offered by the Owner, or areas of the Website. With respect to such registration:
  - we may refuse to grant to you, and you may not use, (i) a user name (or email address) that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that may belong to another person; (iv) that violates the intellectual property or other rights of any person; (v) that is offensive or (vi) that we reject for any other reason in our sole discretion.
  - Your username and password are for your personal use and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and agree not to transfer your password or username, or lend or otherwise transfer your Use of or access to the Website, to any third party. You are fully responsible for all interaction with the Web Site that occurs in connection with your password or username. You agree to immediately notify the Owner of any unauthorised use of your password or username or any other breach of security related to your account or the Website, and to ensure that you “log off”/exit from your account with the Website (if applicable) at the end of each session. The Owner shall not be liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Returns
- You will be entitled to return unwanted Products within 5 (five) days of delivery thereof, provided:
  - the goods are undamaged and unused; and
  - the goods are returned in their original packaging, including all attachments, accessories, documents, or parts.
- Subject to s20 (read with s19) of the Consumer Protection Act, 2008, we reserve the right to apply a 20% (twenty-percent) handling charge to Products returned in contravention of paragraph 12.1 above. We will not refund postage fees for items that are returned due to a change of heart.
- Any complaints by you regarding defects in the Products that are apparent on normal visual inspection shall be made within 5 (five) days of receipt of the Products, failing which the Products shall be deemed unconditionally accepted.
- If you notify us of such defect, we shall, at our sole cost and expense collect any such allegedly defective Product within 7 (seven) days of such notice.
- Provided we receive notice of such defective Product within the aforementioned period, we shall either deliver a replacement of the relevant Product or grant you a credit note therefore within 10 (ten) days of the Return.
- Our liability under this Clause 12 shall in all cases be limited to the price of the defective Products. Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.
Exclusion of warranties and representations
- Subject to the provisions of the Electronic Communications and Transactions Act 25 of 2002, as amended from time to time, (the “ECT Act”), this Website and the Website Content is provided without any representation or warranty whatsoever, whether express, implied or statutory. This includes but is not limited to any representation or warranty as to the operation, integrity, compatibility, availability or functionality of this Website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Website Content.
- The Owner also makes no warranty or representation, whether express or implied, that the Website Content is free of viruses, destructive materials or any other data or code which can corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network, any handset or mobile device, or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which can corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software.
- The Owner does not accept any responsibility for any errors or omissions on this Website or the Web Site Content.
- You must not rely on any warranty or representation, which allegedly induced you to agree to these Terms and Conditions, unless the representation or warranty is recorded in these Terms and Conditions.
- This Website may contain references or links to other websites (“Other Websites”) and to the products, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these Other Websites or the opinions, products, services of third parties. Your use of Other Websites or the products or services of third parties will be entirely at your own risk.
- The Website Content, including (without limitation) any software, icons, text, links, graphics, photographic images, sound clips, music, ring tones, ring back tones, SMS tones, video clips, artwork, Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Program-Carrying Signals, Published Editions, Computer Programs, sound and television broadcasts, trade names, logos, trade marks and service marks (collectively, the “Products”) are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of the Owner and/or our licensors. Any unauthorised Use of the Website Content is prohibited.
- You will not acquire any right, title or interest in or to this Website or the Website Content other than those rights expressly granted to You in these Terms and Conditions. Your rights of Use are subject to these Terms and Conditions.
- Where any of the Website Content has been licensed to the Owner or belongs to any third party, Your rights of Use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Electronic Communications and Transactions Act 25 of 2002
- For the purposes of the ECT Act, the Owner’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the website: Cal-Mo (Proprietary) Limited (trading as “Calgel”) at Unit C4 Mount Royal, 657 James Crescent, Halfway House, 1685, South Africa. Email: info@cal-mo.com. Telephone: +27(0)116241101.
Ownership and Copyright
- The contents of this website, including any material, intellectual property, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this website are protected by law, including but not limited to Copyright and Trade Mark Law. The website content is the property of Cal-Mo (Pty) Ltd, its advertisers and/or sponsors and/or partners/or is licensed to Cal-Mo (Pty) Ltd.
- You will not acquire any right, title or interest in or to the Website or the Website Content, without our express written consent.
- Any use, distribution or reproduction of the website content is prohibited unless expressly authorised in writing by Cal-Mo (Pty) Ltd.
- Where any of the Website Content has been licensed to Cal-Mo (Pty) Ltd or belongs to any Third Party, your rights of use will also be subject to any Terms and Conditions which that licensor or Third Party imposes from time to time and you agree to comply with such Third Party Terms and Conditions.
Variation
- No variation or amendment, in any form whatsoever, of these Terms and Conditions will be enforceable or binding on either party unless that party has agreed to such variation or amendment in writing (which includes but is not limited to data messages and/or your clicking on the acceptance icon).
- The Owner is entitled and reserves the right to vary or amend these Terms and Conditions from time to time and in its sole discretion (“Amended Terms and Conditions”). These Amended Terms and Conditions will be displayed on this Website. On the first occasion on which you Use this Web Site after the Amended Terms and Conditions have been displayed on this Website, if you continue to Use this Web Site after having had a reasonable opportunity to review the Amended Terms and Conditions, the Amended Terms and Conditions will immediately be treated as being effective and binding on you.
- It is your responsibility to access and familiarise yourself with any Amended Terms and Conditions on each occasion that you make Use of this Website or the Website Content.
Limitation of Liability
- We cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of the Owner, its employees, agents or authorised representatives. Should you encounter a problem, you are encouraged to contact us to report any possible malfunctions or errors by way of email to info@cal-mo.com.
- The Owner shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked Third Party website.
- You hereby indemnify us against any loss, claim or damage which may be suffered by yourself or any Third Party arising in any way from your use of this Website and/or any linked Third-Party website.
Notices
- The Owner hereby selects Unit C4 Mount Royal, 657 James Crescent, Halfway House, 1685, South Africa as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“domicilium citandi et executandi”). The Owner may change this address from time to time by updating these Terms and Conditions.
- Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent:
  - by hand will be deemed to have been received on the date of delivery.
  - by prepaid registered post, will be deemed to have been received 7 (seven) days after the date of posting.
  - by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and the Owner must make use of the “read receipt” function to serve as proof that an email has been received.

Governing Law and Jurisdiction
- These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
- Your continued use of the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
- You and the Owner agree that both parties are entitled, but not obliged, to institute any proceedings arising out of or in connection with these Terms and Conditions or your Use of the Website or of the Website Content, in any Magistrates’ Court in the Republic of South Africa having jurisdiction over you or the Owner, even though the cause of action in question exceeds the jurisdiction of that court.
- Neither you nor the Owner will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.
Severability
- If any of the terms of these Terms and Conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
General
- The Owner may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or the User’s right to use the website or any of its contents subject to us processing any orders then already made by you.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any Third Party.
- Any failure on the part of you or the Owner to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any Term or Condition contained herein is declared invalid, the remaining Terms and Conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and publicised on the website.
- No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
- These Terms and Conditions contain the whole agreement between you and the Owner, and no other warranty or undertaking is valid, unless contained in this document between the parties.

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