TERMS AND CONDITIONS OF USE

                                                  

OBJECTIVE

Our objective is to provide you, the user, with an extensive range of security products of good repute and excellent quality at affordable prices. By guaranteeing personal service in every transaction, The Security Man strives to deliver unparalleled customer service and satisfaction to every client, be it for orders large or small!

In order to assure that you as the consumer are protected to the fullest extent possible, The Security Man has devised the following terms of use. Please pay special attention to bolded sections and ensure that you have read and understood the following terms and conditions, which constitute a contract between yourself (the user/purchaser) and The Security Man.

Viewing the website Persons making use of this website will hereinafter be referred to as ’the user’. By accessing and using this website, the user is agreeing to and will be bound by the following terms and conditions as contained in sections A to E below:

The Terms and Conditions of Use consists of the following sections:

  • SECTION A: IMPORTANT CUSTOMER INFORMATION
  • SECTION B: WEBSITE CONTENT AND USAGE
  • SECTION C: PRIVACY AND SECURITY
  • SECTION D: INTELLECTUAL PROPERTY RIGHTS
  • SECTION E: DISPUTES SECTION

SECTION A: IMPORTANT CUSTOMER INFORMATION

  1. OWNERSHIP
    1. The Security Man is registered as Watchguard 24 (Pty) Ltd.
    2. The registration number of Watchguard 24 (Pty) Ltd is 2016/335688/07.
    3. Watchguard 24’s Value Added Tax (VAT) number is 4270277864.
  2. CHILDREN
    1. Any minor (a person under the age of 18) may use this website and services offered only with the consent of a major (a person 18 years and older), or where the court has granted that individual majority status.
    2. If a customer represents that he/she is of sufficient legal age to use the website and services offered via this website then he or she will be bound by any legal obligations and liabilities that he/she may incur as a result of the customer’s use of this website.
    3. The customer (of legal age) agrees to supervise all usage by minors of this website under the customer’s name of account.
  3. WARRANTIES
    1. The customer hereby warrants that every instruction and all information given by him/herself is correct, accurate and complete.
    2. The Security Man will only warrant those products purchased from The Security Man.
    3. Software and consumables will not be refunded if opened or security seals are damaged. If, however, the reason for the return is that the product is faulty, The Security Man will only replace the product with a new one of the same type if the product is beyond repair.
    4. All security products carries a one year manufacturer’s warranty, unless specifically stated otherwise on this website. Software and consumables do not carry any warranties.
    5. Products that are found to be defective by either The Security Man, or one of its representatives, and found to be defective within 6 (six) months of the customer receiving it, will be eligible for either a repair, a replacement or be fully refunded.
    6. The Security Man makes no representations, nor gives any warranties of any nature as to the availability of any communications network or systems of any third party on whom the customer or The Security Man rely to provide any of the services.
    7. Warranty does not apply to either defects resulting from wear and tear, physical damage, where the customer, or anyone unauthorised by The Security Man, has altered, damaged or removed the warranty seal(s) and/or screws, or hardware and/or software that is not compatible with the customer’s existing system or operating system.
    8. The customer hereby acknowledges that no additional warranties to the ones already mentioned in these terms of usage will be given by The Security Man for items purchased on this website, unless specifically stated on this website.
  4. RETURNS
    1. The customer in entitled to a seven (7) calendar days cooling off period.
      1. The cooling off period commences from the date that appears on the tax invoice.
      2. The cooling off period allows for the customer to cancel his/her purchase, and obtain a full refund (excluding delivery) within seven (7) calendar days.
      3. The cooling off period does not apply to software which has been opened/ seals broken, consumables which have been opened/ seals broken or any product which by reason of their nature cannot be returned (including electronic vouchers) due to the fact that the security seal was tampered with and/or the product has been used.
      4. The cooling off period does not apply to hardware which has been opened/ seals broken.
      5. The cost of returning the product, during the cooling off period, will be at the customer’s expense. Products that are damaged in transit will not be credited or refunded and The Security Man will not be liable for the damages.
      6. Hardware (such as hard disk drives etc.) must be returned in their original, un-opened packaging to be able to be returned for a refund.
    2. Customers that wish to return a product after the cooling off period but within ten (10) calendar days after date that appears on the tax invoice will be subject to a twenty (20) percent (%) restocking fee. Products that are returned open/seals broken and/or with missing items (such as manuals, warranty cards, accessories and other materials belong to that item) will not be credited/ refunded.
    3. Software will only be credited if the packaging is unopened/seals unbroken and accompanied by a police affidavit.
    4. Software will only be credited if the packaging is unopened/seals unbroken and accompanied by a police affidavit.
    5. Consumables (such as toners, inks, CD’s, Blu-ray discs, etc.) can only be returned for credit as long as it is unopened/sealed and unused.
    6. Products that are found to be defective within six (6) months can be returned to The Security Man at The Security Man’s expense (if the product is found to be defective by the supplier after the product is sent to the supplier for the extent of the damage).
    7. Products that are found to be defective after six (6) months can be returned to The Security Man at the customer’s expense.
    8. Should The Security Man have supplied the incorrect product, The Security Man must be notified within 48 hours of receiving the product. The Security Man will then exchange the incorrect product for the correct product. Should the correct product not be found within seven (7) days, The Security Man will refund the full purchase price.
    9. Should the customer not be fully satisfied that his/her product is in mint condition, the customer has the right to return the product within 1 day of receipt for a replacement or a refund on the purchase price.
  5. COSTS
    1. The price of each product is indicated on the website. Where specials are applicable, special and discounted prices will be displayed and will be applicable only for the time period indicated.
    2. Value added tax (VAT) at the rate of 15% is charged on goods purchased in South Africa. The inclusive and exclusive prices are displayed on the website, unless stated otherwise.
  6. DELIVERY
    1. All items purchased from The Security Man not collected by the customer are purchased pursuant to agreements with shipping and delivery agents and risk of loss pass from The Security Man to such agents upon delivery of any item to such carrier.
    2. The Security Man will make use of the services of a third party courier for the delivery of the order (The Security Man only offers delivery through a third party courier company. Collection is not available for any of the orders placed with The Security Man. The customer will be responsible for the costs of delivery.
    3. The Security Man can only arrange deliveries within South Africa’s borders.
    4. Customers wishing to have their order delivered outside South African can do so at their own expense and risk.
    5. The Security Man accepts no liability for any consequential loss or damage to the product or the customer howsoever caused after handing the product over for delivery by the third party courier, either from late or non-delivery.
    6. Customers wishing to have their order insured (opt-in) must notify The Security Man before his/her order is couriered.
    7. The Security Man will calculate the insurance charge applicable to the order in question and stipulate the exact insurance charge. Once the customer has accepted the insurance charge, The Security Man will add the insurance charge to his/her order. The customer will be liable for the delivery and insurance charges.
    8. Where possible, The Security Man do its utmost to ensure that delivery takes place within 5 to 7 days of payment (or of receipt of stock if The Security Man is not holding stock of the product at the time).
    9. The Security Man will do its best to inform the customer of any delay in delivery, and will remedy it to the best of its ability.
  7. DELIVERY AND INSURANCE COSTS
    1. The cost of delivery within the borders of South Africa is determined as follows:
      1. Delivery charges are calculated at the greater of the physical or volumetric weight of the parcel. These charges may vary according to season and courier.
      2. The Security Man will calculate the delivery charge applicable to the order in question and stipulate the exact charge during the ordering process. Once the customer has confirmed his/her order with delivery, he/she will be liable for the delivery charges.
    2. The insurance charge is determined as follows:
      1. The additional insurance charge on the order (as selected by the customer) are calculated by The Security Man’s third party courier companies. Upon selection by the customer, The Security Man will notify the customer of the insurance charge. The customer will then be billed for the insurance charge.
  8. PAYMENT
    1. The Security Man makes use of an external payment gateway. This gateway with its security certificates are managed by the external company.
    2. The customer will be presented with a range of payment options. The customer then has the choice to determine which payment method is more preferable for him/her.
    3. If the client wants to pay the order through means of a manual EFT, proof of payment will be required before the order can be processed. The order number should be used as the reference. Failure to use the correct reference number will result in a delay of the processing of the order.
    4. International payments will be accepted only if all fees associated with the international payment are paid for by the customer.
    5. Orders not paid for within five (5) business days will be cancelled unless an arrangement has been made by the customer and The Security Man.
  9. AGREEMENT OF SALE
    1. A customer placing an item into their shopping cart without completing the purchasing procedure does not:
      1. Enter into an agreement of sale, or
      2. Place an order for such an item, and The Security Man can remove such items from the customer’s basket in the event that there is no stock.
    2. An agreement of sale will be reached between The Security Man and the customer only after:
      1. The purchasing procedure has been completed, and
      2. The Security Man has received payment, in full, by the customer within two (2) calendar days of completion of the purchasing procedure, and such payment is reflected in full in The Security Man’s bank account.
    3. The Security Man reserves the right to refuse to accept and/or execute an order without giving any reasons whatsoever. The Security Man shall only be liable to refund monies already paid by the customer.
    4. The Security Man reserves the right to refuse, for purposes of preventing suspected fraud, to accept or process any payment and/or order. Should fraud be found, The Security Man will not be liable to refund monies paid by the customer until told to by law.
    5. The Security Man will do its best to maintain the correct selling price. However, should errors occur and items are offered at incorrect prices, The Security Man will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.
  10. TERMS AND TERMINATION
    1. These terms and conditions shall only apply to the customer once he/she has registered for an account on The Security Man’s website.
    2. These terms and conditions shall only apply to the customer once he/she has agreed to them during the checkout process on The Security Man’s website.
    3. Termination of this agreement will occur when the customer deregisters his/her account on the website, or when The Security Man removes the customer’s account.
    4. All activities performed on this website are subject to the terms and conditions set down by The Security Man.
    5. These terms and conditions are legally binding.
    6. These terms and conditions may be modified at any time.
    7. It is the sole responsibility of the customer to review these terms and conditions before purchasing anything from this website. Should the customer choose to utilize this website they hereby agree to accept these terms and conditions as set out in the terms of use.
  11. SUBMISSION BY THE CUSTOMER TO THE SECURITY MAN
    1. The Security Man is not responsible for any information and data submitted to The Security Man by the customer.
  12. VERIFICATION
    1. The Security Man reserves the right to verify any type of communication that takes place between The Security Man and the customer. Should The Security Man deem verification of any information necessary, The Security Man will not be bound to the purchase agreement of any order until verification has taken place.
    2. The Security Man shall be entitled to establish the authenticity of any communication transmitted between The Security Man and the customer. The Customer agrees that all instructions, orders, consents, commitments and any other communications which purport to emanate from the customer and which are sent to The Security Man by way of the Internet and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the customer in the form actually received by The Security Man and the customer will be bound by such details with no liability of whatever nature attaching to The Security Man. 
    3. The customer waives any rights he/she may have or obtain against The Security Man arising directly or indirectly from any loss or damage of whatsoever nature, which the customer may suffer as a result of the fact that The Security Man has acted on the customer’s instructions or instructions purporting to emanate from the customer. The customer agrees to and hereby indemnifies The Security Man against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by the customer, arising as a result of the fact that The Security Man has acted on the customer’s instructions or instructions that purport to emanate from the customer.

SECTION B: WEBSITE CONTENT AND USAGE

  1. INFORMATION
    1. On this website, The Security Man provides information about the company generally and for purposes of the Electronic Communications and Transactions Act (ECTA). ECTA states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or services are offered:
      1. Full name: Watchguard 24 (Pty) Ltd t/a The Security Man.
      2. Main business: Online retailer.
      3. Address for receipt of legal service: At the registered business address of the company.
      4. Webmaster: duvenhage@thesecurityman.co.za
      5. Website: www.thesecurityman.co.za 
      6. Official email address: online@thesecurityman.co.za
    2. CONTENT OF THIS WEBSITE
      1. The content of this website will be updated on a regular basis, however, The Security Man makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinion, data or content contained on the website.
      2. The Security Man reserves the right to change any content on this website and to do so without notice to the customer.
      3. Pictures displayed on The Security Man website are for display purposes only and might differ from the actual product.
    3. WEBSITE TERMS OF USE
      1. The customer agrees to abide by these Terms and Conditions and to use this website for legal purposes only.
      2. The customer is financially responsible for the use of the website (as well as for use of the customer’s account by others, including, without limitation, any person under the age of eighteen years).
      3. Any misconduct by the customer in any way that The Security Man deems unfit is prohibited. The customer is prohibited from posting or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
      4. The customer is prohibited from using any false email addresses, or impersonating any other person or entity.
      5. When a user visits The Security Man or sends e-mails to The Security Man, that user consents to receiving communications from The Security Man electronically and agrees that all agreements, notices, disclosures and other communications sent by The Security Man satisfies any legal requirements, including, but not limited to, the requirement that such communications should be "in writing".
    4. DISCLAIMER
      1. The Security Man will not be held responsible for any loss, damage, liability, personal injury (both physically and mentally) or expensive of any nature whatsoever which is done to either the customer or a third party as a result of any one of following:
        1. The use of and reliance on any information provide on this website.
        2. Any emails received from this website or any employee of The Security Man.
        3. Support from this website or from any employee of The Security Man.
        4. Any virus, spyware, malware or malicious activity that may affect the customer’s computer or other personal property as a result from viewing this website.
        5. The use of information or data that is available on this website.
        6. Failure, delay or unavailability of this website and/or services required via The Security Man for whatever reason.
        7. The supply, or failure or delay in supply, for any service offered by this website or any employee of The Security Man.
        8. The breach of these Terms and Conditions by the customer.
      2. This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the customer to satisfy itself prior to entering into this agreement with The Security Man that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
      3. Although The Security Man aims to provide 24 hours a day online service every day of the year (unless indicated otherwise), The Security Man will not be held responsible for any down time that may arise.
      4. The Security Man reserves the right to suspend operations of the website at any time and without giving notice or reasons therefore.

 SECTION C: PRIVACY AND SECURITY

  1. STATEMENT OF PRIVACY
    1. The customer’s privacy is highly important to The Security Man. For this reason NO customer information shall be given or sold to any third party unless required to do so by law.
    2. 2 The Security Man reserves the right to release to third parties, in aggregate format, data pertaining your use of The Security Man’s services and this website, provided that such data is released as statistical totals and does not contain information which specifically identifies a particular customer of The Security Man.
    3. Without limiting the generality of the aforementioned, The Security Man reserves this right in order to be able to release to potential advertisers and other third parties statistical information regarding the number of customers of The Security Man, their age and gender profiles and their frequency of using The Security Man’s service and website.
    4. The customer is aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of "cookies". "Cookies" are small text files a web site can use to recognize repeat users and facilitate the user’s ongoing access to the Website. Cookies are not programs that come onto the user’s system to damage files. If the customer does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Should the customer disable the cookies function, he/she will not be able to purchase from The Security Man via its website.
    5. When the customer creates an account with The Security Man and places an order with The Security Man, the following information is stored permanently to facilitate the processing of warranty returns: Customer Name, Email Address, Telephone Number, and Physical Address, in addition as details relating to the products you ordered (Name of product, quantity, and price). The Security Man does not store any customer financial details (like credit card numbers).
    6. The customer has the option to receive newsletters, and status of orders from The Security Man. The customer will have the option to "opt-in" of the newsletter sent by The Security Man by simply logging into their account and disabling the ’Receive Newsletter’ option.
    7. The Security Man reserves the right to view any communications made using the comments, forums or private messaging sections of the site.
  2. SECURITY
    1. Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that The Security Man suffers any damage or loss.
    2. The customer agrees and warrants that their log-in name and password shall:
      1. Be used only by that person, and
      2. Not be disclosed to any third party.
  3. HYPERLINKS
    1. No person, business or web site may link to any page on this site without the prior written permission of The Security Man. Permission could be obtained from the person referred to in this policy.
    2. External links are provided to the customer for additional information regarding a particular product. The content of these links are beyond the control of The Security Man and no representation is made as to their content. The use of these external links provided is to be used at the customer’s risk. The Security Man’s Terms and Conditions hold no standing on external sites and customers must abide by the Terms of Use of the external website.
  4. SPIDERS AND CRAWLERS
    1. No person, business or web site may use any technology to search and gain any information from this website without the prior written permission of The Security Man. Such permission could be obtained from the person referred to in this policy.

SECTION D: INTELLECTUAL PROPERTY RIGHTS

  1. INTELLECTUAL PROPERTY RIGHTS
    1. All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to The Security Man and as such are protected from infringement by local and international legislation and treaties.
    2. The trademarks, names, logos and service marks (collectively "Trademarks") that pertain to The Security Man displayed on this Website are registered and unregistered Trademarks of The Security Man, nothing contained on this Website should be construed as granting any license or right to use any Trademarks without the prior written permission of The Security Man. Permission could be obtained from the person referred to in this policy.
    3. Other trademarks, names, logos and service marks used are the property of their respective owners.
  2. COPYRIGHT
    1. Copyright 2014 © The Security Man. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact the person referred to in this policy.
    2. Users may download, view and print content from this site for private and non-commercial purposes only.
    3. All moral rights of The Security Man and its employees/agents are reserved.
    4. Users are encouraged to inform The Security Man of any content that may be offensive or illegal.

SECTION E: DISPUTES

  1. DISPUTES
    1. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through contacting the owner of The Security Man, then such a dispute will be settled by mediation.
    2. The Security Man reserves the right to appoint a mediator of its choosing.
    3. The customer will be liable for all fees resulting from a dispute.
  2. DOMICILIUM
    1. The Security Man chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the registered business address of Watchguard 24 (Pty) Ltd as registered at the CIPC.