Customer Terms and Conditions

Introduction

1. These Terms and Conditions are binding and enforceable against every person (“you” or “your”) that accesses or uses this mini app on VodaPay and/ or purchases products from ZA Online Store (Pty) Ltd t/a iStore (the “Store”)
2. This mini app on VodaPay can be accessed at iStore or iStore related mobi-sites and software applications (the “mini app on VodaPay”) and is owned and operated by ZA Online Stores (Pty) Ltd (the “iStore”).
3. By using the mini app on VodaPay and by clicking on the “I Accept” button on the mini app on VodaPay, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
4. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
5. If there is any provision in these Terms and Conditions that you do not understand, you may click on the “Contact Us” link and request that iStore explain it to you before you accept the Terms and Conditions or continue using the mini app on VodaPay.
6. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or iStore in terms of the CPA.
7. iStore permits the use of this mini app on VodaPay subject to these Terms and Conditions. By using this mini app on VodaPay in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this mini app on VodaPay if you do not agree to these Terms and Conditions.

Use of the mini app on VodaPay

2. By using the mini app on VodaPay you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the mini app on VodaPay only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
3. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the mini app on VodaPay. You also agree that all content including any material, 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 mini app on VodaPay (the “Content”) belongs to iStore and you shall not therefore in any way use any robot, spider, other automatic device, or manual process to monitor, copy, reverse engineer, distribute or modify the mini app on VodaPay or the information contained herein, without the prior written consent from iStore.
4. You may not use the mini app on VodaPay to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
5. You may not in any way display, publish, copy, print, post or otherwise use the mini app on VodaPay and/or the information contained therein without the express prior written consent of iStore.
6. Adding an item to a cart does not reserve the product. While shopping - products may become unavailable due to ongoing purchases and as a result may be removed from your cart to avoid checking out a unit that is no longer in stock.

Ordering of Products

3. When you place an order for a product, your order is subject to product availability. You acknowledge that stock of all products on the mini app on VodaPay and at any Store is limited and that pricing may change at any time without notice to you. iStore will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are removed from the mini app on VodaPay. iStore cannot guarantee the availability of stock. If you order a product on the mini app on VodaPay or any Store and that product is no longer available after payment, iStore will notify you and you will be entitled to a refund of any amount already paid by you for such products.
4. Prior to delivery or your collection of the products you ordered; you may cancel an order at any time provided you do so before receiving a dispatch notice e-mail from the iStore. After delivery or your collection of the products, you may return such products only in accordance with the iStore Returns Policy.
5. Before you make payment on the mini app on VodaPay, you will have the opportunity to review any order for products that you have ordered.
6. You may pre-order products that are newly launched prior to availability on the mini app on VodaPay.
7. Pre-Orders can only be secured by making a full payment or partial payment as may be set out on this mini app on VodaPay or as may be advised by an iStore representative in the Store.
8. iStore will endeavour to ensure that pre-orders are fulfilled as soon as stock is available, however on occasion there may be delays due to supply constraints.
9. You may cancel your pre-order prior to collection or delivery and iStore will refund the amount you paid to secure the product.


10. Waiting list:
    To keep the waiting list fair for all our customers, we have put the following rules in place;


11. First come, first served - The waiting list will be run centrally and stock will be allocated on a first come, first served basis.
12. Pricing - Please note that due to the fluctuating exchange rate we cannot confirm that pricing will remain the same by the time your product is available to be purchased. There is a chance that it may increase or decrease at time of purchase. In order to secure the current pricing, please place a pre- or back-order on www.istore.co.za. Please note that this is only available for cash purchases.
13. Weekly/Monthly updates - Updates based on your selected product will be sent weekly via SMS and email. Once the product has arrived, you will have 48 hours from when it is ready to be purchased to make your way to store to do so. If not purchased within this time, the unit will be allocated to the next person on the waiting list. Please do not call our call centre or ask the social media team for updates, if it’s urgent, please contact info@istore.co.za


14. Electronic Software Download:
15. This item does not contain a disc; it is a product key that will be emailed to you and that requires a download from Office.com. You will receive a separate email with the link and activation code to download the software after placing your order. Vouchers and or Voucher codes cannot be redeemed or exchanged for cash and are not reloadable or refundable.

Delivery

1. When you order the products off the mini app on VodaPay you may elect to either:
   1. collect the products at any iStore branch identified on the mini app on VodaPay; or
   2. request that the products be delivered to you.


2. Delivery:
3. All orders over the value of R500 (five hundred rand) will be delivered to you free of charge. Any order less than R500 will carry a courier fee.
4. iStore will perform deliveries through a third party service provider. You may be required to provide a valid form of identification when your order is delivered.
5. iStore is not liable for any incorrect order or delivery where you make an error in the information that you provide to iStore e.g. if you provide the incorrect delivery address or submit an incorrect order.
6. You acknowledge that the delivery of your order may be impacted by events beyond iStore’s control such as adverse weather conditions or industrial action. iStore is not liable for late deliveries of products purchased through the mini app on VodaPay. iStore will, however, try to ensure a smooth delivery process.

Returns

1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Errors

1. iStore shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the mini app on VodaPay or the Store. However, should there be any errors of whatsoever nature on the mini app on VodaPay or Store (which are not due to iStore’s gross negligence), iStore shall not be 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 in the Returns Policy.
2. iStore shall not be bound by any incorrect information regarding the products displayed on any third-party websites.

Privacy

1. Please refer to our Privacy Policy incorporated by reference (which means that it forms part of these Terms and Conditions).

Changes to these Terms and Conditions

1. iStore may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the mini app on VodaPay.
2. Any such change will only apply to your use of this mini app on VodaPay after the change is displayed on the mini app on VodaPay. If you use the mini app on VodaPay after such amended Terms and Conditions have been displayed on the mini app on VodaPay, you will be deemed to have accepted such changes.

Disclaimer

1. The use of the mini app on VodaPay is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the mini app on VodaPay or reliance on any information on the mini app on VodaPay.
2. Whilst iStore takes reasonable measures to ensure that the content of the mini app on VodaPay is accurate and complete, iStore makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the mini app on VodaPay or as to the accuracy, completeness or reliability of any information on the mini app on VodaPay. If any such representations or warranties are made by iStore’s representatives, iStore shall not be bound thereby.
3. iStore disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the mini app on VodaPay and/or any content therein unless otherwise provided by law.
4. Although the products sold from the mini app on VodaPay or a iStore may, under certain specifically defined circumstances, be under warranty, the mini app on VodaPay itself and all information provided on the mini app on VodaPay is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, iStore also makes no warranty or representation, whether express or implied, that the information or files available on the mini app on VodaPay are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to 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, save where such risks arise due to the gross negligence or wilful misconduct of iStore, its employees, agents or authorised representatives. iStore thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the mini app on VodaPay.

Linking to third party websites

1. This mini app on VodaPay may contain links or references to other websites (“Other Websites”) which are outside of iStore control. These Terms and Conditions do not apply to those Other Websites and iStore is not responsible for the practices and/or privacy policies of those Other Websites or the “cookies” that those sites may use.
2. Notwithstanding the fact that the mini app on VodaPay may refer to or provide links to Other Websites, your use of such Other Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Other Websites or your reliance on any information contained thereon.

Limitation of liability

1. iStore cannot be held liable for any inaccurate information published on the mini app on VodaPay and/or any incorrect prices displayed on the mini app on VodaPay, save where such liability arises from the gross negligence or wilful misconduct of iStore, its employees, agents or authorised representatives.
2. To the extent permissible by law, iStore will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising out of your use of any of the iStore products.
3. iStore will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising including but not limited to, your use of this mini app on VodaPay, activity on the mini app on VodaPay and or any linked Other Websites.
4. You hereby indemnify iStore and hold it harmless against any loss or damage you or any third party may suffer as a result of your use of this mini app on VodaPay, any Other mini app on VodaPay and/or the iStore products.

Availability and termination

1. iStore will use reasonable endeavours to maintain the availability of the mini app on VodaPay, except during scheduled maintenance periods, and are entitled to discontinue providing the mini app on VodaPay or any part thereof with or without notice to you.
2. iStore may in its sole discretion terminate, suspend and modify this mini app on VodaPay, with or without notice to you. You agree that iStore will not be liable to you in the event that it chooses to suspend, modify or terminate this mini app on VodaPay other than for processing any orders made by you prior to such time, to the extent possible.

Complaints and notice

1. All complaints and queries should be sent by email to talk2us@istore.co.za
2. Any legal notices that you give iStore under this contract must be sent by registered post to PO Box 782162, Sandton, 2146.
3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
   1. by hand will be deemed to have been received on the date of delivery;
   2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
   3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
   4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All e-mail communications between you and iStore must make use of the “Read Receipt” function to serve as proof that the e-mail has been received.
4. Where iStore needs to give you any notice as provided for in these Terms and Conditions or provide additional information about the products and services supplied to you, iStore will do so by sending you an email or posting a notice on this mini app on VodaPay. You hereby consent to iStore providing you with notices or information in this way. 

Governing law and jurisdiction

1. 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 mini app on VodaPay 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.
2. In the event of any dispute arising between you and iStore, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
3. Nothing in this clause 15 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

General

1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
2. Any failure on the part of you or iStore to enforce any right in terms hereof shall not constitute a waiver of that right.
3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
5. If you need to obtain a sales record of your transaction to buy products through the iStore mini app on VodaPay, you can contact iStore within 30 days of the transaction.
6. 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.
7. These Terms and Conditions contain the whole agreement between you and iStore and no other warranty or undertaking is valid, unless contained in this document between the parties.