(Version effective as of 1 November 2011)
Welcome to the home of Tracks4Africa, a web site currently located at tracks4africa.co.za.
(2) Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our web site.
Part A: General Information
For your convenience, we have listed below some general information about ourselves:
2 Conditions of Use for this Web Site
(1) ACCESS TO OUR WEB SITE SERVICES IS PROVIDED TO YOU FREE OF CHARGE AND WITHOUT WARRANTY OF ANY KIND. RELIANCE ON AND USE OF OUR WEB SITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK AND SHOULD BE INDEPENDENTLY VERIFIED. IN NO EVENT WILL WE BE LIABLE FOR ANY INJURY, EXPENSE, LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW, AND YOU INDEMNIFY US AND OUR PERSONNEL AND STUDENTS AGAINST ANY AND ALL CLAIMS ARISING IN CONNECTION WITH SUCH RELIANCE OR USE.
(2) You may not access this site for any purpose other than for accessing the information and utilizing the services offered on it in the normal manner for personal non-commercial purposes. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing.
(3) You may not use your access to this site in a manner that would bring us, our business and/or any of our personnel or students into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not to post or transfer any material to our web site that is unlawful or violates any third party’s rights or which is obscene, incites harmful behaviour, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, constitutes unsolicited commercial communications, or is damaging to data, software or the performance of our or any other parties’ computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.
(4) We do not monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it travel-related, medical, legal, financial or otherwise. Please verify all content independently and notify our Web Administrator if you have a complaint about the activities of or content submitted by a user of this site.
(5) We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of third party products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.
(6) Notwithstanding that this site may contain links to third party web sites and that some third party web sites may contain links to this site we do not control, endorse or approve the activities or content of any such third party web sites. Please contact the relevant web site proprietor if you have a complaint about the activities or contents of a third party web site.
(7) Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content, including any travel related data, you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
(8) The downloading and use of products, data or other materials contained on this web site is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
(10) You may be required to choose a user name and/or a password when registering with us, accessing restricted areas on our site or using some of our services. You are responsible for keeping your login credentials secret. You accept that you will be personally liable for all activities conducted and transactions concluded using your login credentials. Please note that unauthorised access to any part of our web site, unauthorised modification of our content, and interference with the operation of our web site all constitute criminal offences.
(11) You may provide and we may collect certain information about you and your use of our web site and services. We will collect, process, use and disclose such information strictly in accordance with our Personal Information Processing Policy.
(12) We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our web site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
(13) You are solely responsible for any and all costs that may apply to your access to and use of this web site and the services offered on it.
(14) You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties arising in connection with your use of our web site to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties arising from such use to a person or entity of our choice.
3 Complaints and Disputes
(1) We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can submit a form online or via email [email protected] to our Web Administrator. We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:
(3) Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intent thereof, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
Part C: Ordering of Products
1 Ordering Process
(1) We may make available certain products for ordering via this web site, including travel-related equipment, software and/or database products (“Products”). You must be over the age of 18 and able to conclude binding contracts to place orders for such Products with us. If you do not comply with the aforesaid you may not place any orders for Products on this web site. We may require you to provide us with suitable documents proving your age and/or legal capacity prior to accepting any order from you.
(2) You may submit orders to us by completing our standard online order form and submitting same to us in the prescribed manner. Our web site ordering process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your order.
(4) Once we have assessed your order we will send a notice to you indicating our acceptance or rejection of your order. Such notice will be sent to you by electronic mail to the address specified in your order. A legally binding contract will be formed between us upon the earlier of (i) our sending of such a notice accepting your order to you, or (ii) our delivery to you of any of the Products ordered, provided that in the case of software or database related Products you will also be required to assent to the terms of any accompanying licence agreement before the agreement between us becomes final. We reserve the right to reject any order placed by you and we will notify you by electronic mail if this is the case.
(5) Please note that while we will try to send to you an acknowledgement and notice of acceptance or rejection for every valid order we receive from you, we cannot guarantee that such acknowledgements and notices will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such acknowledgement or notice will not affect the validity of the agreement concluded between us in respect of an order.
(6) If you do not receive a confirmation notice after submitting your order, or if you experience an error message or service interruption after submitting your order, you should confirm with our Customer Care Centre whether or not your order has been received and processed. Only you may be aware of any problems that may have occurred during the ordering process. It is your responsibility to ascertain if we received your order.
(7) The information you have submitted with your order will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact our Customer Care Centre immediately. Please remember that no refunds are possible for losses resulting from such error.
(8) A complete record of your order will be sent to the email address you provide to us during the ordering process. You should retain such record. We will also retain records of completed orders previously placed by you via this site for a period of at least 6 (six) months, but they will not be available on this site. For access and information on such records you can contact our Customer Care Centre.
(9) If any problems arise in respect of delivery or the handling of your orders please contact us by sending an e-mail to us at [email protected] or contact our Customer Care Centre on +27 (0)21 880 8660.
2 Description and Pricing
(1) The main characteristics of all Products offered via this web site are contained on the web site. We try to ensure that all Products that appear on this web site are displayed and described completely and accurately. Kindly notify us immediately if you become aware of any omissions or inaccuracies pertaining to such display and description. Please also note that your use of software and database related Products will be subject to the terms of our standard end user licence agreement accompanying such Products and in the event of a conflict between such licence agreement and these terms, the licence agreement will prevail.
(2) The supply of Products (including pursuant to any special promotion) displayed or made available via this web site depends upon the availability thereof. All prices displayed on this web site are in South African Rand and are valid only for delivery in the Republic of South Africa. We may without prior notice change the price, discontinue the availability or change the description of Products or special promotions that are displayed on or made available via this web site. Special promotions may be subject to certain additional terms and conditions which will be clearly set out.
(3) All prices indicated as applying to Products on this web site will include VAT but exclude any other taxes and duties such as customs duties, which, unless otherwise indicated, will be charged separately.
(4) All prices indicated as applying to Products on this web site will be exclusive of delivery fees which will be separately charged to you in respect of all deliveries in accordance with the specified rates.
We will not be obliged to send or deliver any Products to you prior to receiving full payment of the full agreed purchase price payable for such Products. You will be required to provide the necessary payment account details (such as credit card details) and to authorize payment of the amounts payable for the Products ordered when submitting your order. . By submitting an order to us, you authorise us to debit your designated account with the relevant amounts due for the Products ordered. Such authorization will allow us to obtain payment at any time after our after our acceptance of your order, although such acceptance may be prior to our delivery of such Products. Should we be unable to duly effect such payment for any reason your order may be cancelled. You warrant that you are duly authorised to make payments from the account designated by you. You also authorise us to pay all amounts to be refunded to you into such account.
(1) We only deliver Products within certain designated areas. If your specified address does not fall within these areas we will not be able to deliver the applicable Products ordered to you. Unless a delay in delivery is agreed between us in writing, you agree that delivery of all Products ordered may commence immediately and that software and database related Products may be delivered to you by making such Products available to you for remote download from this web site.
(2) If your specified delivery address is within our designated delivery areas, we will endeavour to deliver Products within a reasonable time of your order. Delivery will usually occur on Business Days during our business hours and we will endeavour to arrange such delivery with you in advance. All such arranged times are estimates only and you should not rely on such times. We will not be liable for failing to deliver at the pre-arranged time.
(3) You agree to accept delivery and make payment for the ordered Products actually delivered to you, notwithstanding that we are unable for any reason to deliver to you all of the Products ordered. We will notify you if we are unable to deliver any Products ordered as soon as we become aware thereof and in such case we will fully refund you the purchase price paid for such undelivered items within 30 days of such notice.
5 Risk and Title
Risk in the Products ordered shall pass to you upon delivery to you or upon delivery at the specified delivery address to anyone accepting delivery on your behalf. Ownership and title in the Products purchased by you shall remain with us until they are delivered to you and payment for such Products has been received in full at which time they shall pass to you. Intellectual property rights in Products will however remain vested in us and our licensors and will not pass to you.
6 Cancellation and Returns Policy
(1) We will not accept cancellation of any order in respect of Products that have been specifically modified to comply with your request. Other than as aforesaid, you may cancel any order for Products submitted via this web site at any time prior to our delivery thereof by sending a cancellation notice to [email protected] When you cancel an order you must provide us with the applicable order reference number. We will refund you within 15 Business Days of cancellation any amount paid to us in respect of such cancelled order provided that we will be entitled to retain any costs already incurred to deliver the relevant Products to you.
(2) We will not accept the return hereunder of Products that have been specifically modified to comply with your request. Other than as aforesaid, you may within 7 days of delivery to you return to us any Product that you are not entirely satisfied with. In the case of software and database Products, you must provide us with a written confirmation that you have destroyed all copies of such software and/or databases provided to you. Hardware Products must be returned to us without alteration and in the original packaging. We will refund you any portion of the purchase price already paid to us for the Products returned to us in terms hereof within 15 Business Days of such return, provided that we will be entitled to deduct and charge you for our costs incurred in collecting such Products from you.
(3) Upon our request, you must return to us any Product provided to you pursuant to an order in exchange for a full refund of the relevant purchase price, if we are obliged by law to recall such Product.
4) Additional terms and conditions for Garmin Products:
Garmin Product Warranty
Garmin Automotive GPS units have two (2) years warranty, and accessories have no warranty period. Marine units carry a one (1) year warranty.
Garmin’s eligible products carry a warranty against defects in materials or workmanship, calculated from the date of purchase. The following is excluded and may not be claimed under warranty:
In addition Garmin reserves the right to refuse warranty claims in respect of products or services that are obtained and/or used in contravention of the laws of South Africa from time to time.
Garmin’s navigation products are intended to be used only as a travel aid and must not be used for any purposes requiring precise measurement of direction, distance, location or togopraphy. As far as legally permissible, Garmin makes no warranty as to the accuracy or completeness of map data.
Repaired products have a 90 (ninety) day warranty from the date of repair.
The warranties and remedies contained herein are exclusive and in lieu of all other warranties expressed, implied or statutory, including any liability arising under any warranty of merchantability or fitness for a particular purpose, statutory or otherwise. This warranty gives you specific legal rights, which may vary from country to country.
As far as legally permissible, Garmin shall in no event be liable to any incidental, special, indirect, or consequential loss or damage, whether resulting from the use, misuse, or inability to use the product.
Garmin retains the exclusive right to repair or replace (with new or newly-overhauled replacement product) the device or software or offer a full refund of the purchase price at its sole discretion.
Refunds and Returns for In-Warranty Period Faults and Failures:
Out-of-box failures or faulty products that are still within the Statutory Warranty period, will be checked by Tracks4Africa to ensure that they qualify in accordance with Warranty Validation Criteria as stipulated by Garmin.
Tracks4Africa shall, at the choice of the customer either replace the faulty product, refund the customer for the cost of the product or request Garmin SA to repair the faulty product.
Products falling within the Manufacturer’s Warranty Period but outside the Statutory Warranty Period, will be replaced or repaired at Garmins SA’s discretion and in line with current policies. Garmin SA will not accept products for credit without approval after the Statutory Warranty Period has expired.
All repairs shall be conducted in accordance with the Terms and Conditions of Repair.
Garmin SA warrants every new or reconditioned part installed during any repair or maintenance work undertaken by Garmin SA for a period of 3 months after date of installation.
If Garmin SA repairs any particular product or any component of such product (a firmware or software update or re-installation does not qualify as a repair for purposes of the Act) and within 3 months after that repair, the failure, defect, or unsafe feature has not been remedied, or a further failure, defect, or unsafe feature is discovered, Tracks4Africa will at the discretion of the customer:
We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. However, we do not guarantee the absolute security of any information you transmit to us or that is transmitted to you or any other person.
(1) IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR THE CLAIMS ARISING IN CONNECTION WITH ANY ORDER EXCEED THE PART OF THE PURCHASE PRICE ACTUALLY RECEIVED FROM YOU PURSUANT TO SUCH ORDER FOR THE PRODUCT THAT IS MOST CLOSELY CONNECTED TO THE CLAIMS, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
(2) WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH ANY BOOKING (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.
(3) PLEASE NOTE THAT PRODUCTS MAY HAVE DEFECTS AND ARE SOLD “AS DESCRIBED” AND WITH SUCH DEFECTS. SOME PRODUCTS MAY ALSO BE HAZARDOUS TO YOUR HEALTH OR YOUR PROPERTY. YOU ARE RESPONSIBLE FOR ASCERTAINING WHETHER OR NOT SUCH PRODUCTS ARE SUITABLE FOR YOUR REQUIREMENTS. WE DO NOT ORDINARILY OFFER OR SUPPLY PRODUCTS FOR ANY PARTICULAR PURPOSE AND DO NOT PROFESS TO BE KNOWLEDGEABLE ABOUT THE USE OF THE PRODUCTS DISPLAYED. IF A PRODUCT IS DEFECTIVE, YOU MAY MAKE A CLAIM UNDER ANY PRODUCT WARRANTY PROVIDED WITH THE PARTICULAR PRODUCT.