Terms and Conditions
1 INTRODUCTION
1.1 It is important that you read and understand these Terms and Conditions (“Terms”). These Terms govern your
access to the website located at www.minacomemorials.co.za and associated web pages
("Website"). These Terms are a valid and binding contract between you and us. You may not access the
Website unless you agree to abide by these Terms without modification. By accessing the Website and/or
registering on the Website, you confirm that you agree to these Terms.
1.2 Please note that these Terms make use of a series of terms/phrases which have specific meanings in these
Terms. These terms/phrases are listed below, together with general interpretation thereof.
1.3 If you have any questions regarding our Website, the terms, products or services, please
email online@minaco.com to contact us.
2 DEFINITIONS
2.1 These Terms contain several terms/phrases which have a specific meaning in this document. In these Terms,
headings are for convenience and shall not be used in its interpretation.
2.2 Unless we indicate to the contrary in these Terms, any references to any gender includes the other genders,
a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
2.3 The following terms/phrases shall bear the meanings assigned to them below and related expressions shall
bear corresponding meanings –
2.3.1 “access” when used in the context of –
2.3.1.1 a website, means to visit, use, load in a web browser, mobile phone or similar software application or device
or otherwise engage with a website;
2.3.1.2 content, means to copy, download, view, modify, adapt, load in a web browser, mobile phone, software
application or device or to otherwise engage with and/or manipulate such content;
2.3.2 “content” means all information (such as data files, written text, computer software, music, audio files or
other sounds, photographs, videos or other images) which you may have access to as part of, or through
your access to the Website;
2.3.3 "consent" means any voluntary, specific and informed expression of will in terms of which permission is
given for the processing of personal information;
2.3.4 "processing / process" means any operation or activity or any set of operations, whether or not by automatic
means, concerning personal information, including:
2.3.4.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval,
alteration, consultation or use;
2.3.4.2 dissemination by means of transmission, distribution or making available in any other form; or
2.3.4.3 merging, linking, as well as restriction, degradation, erasure or destruction of information.
2.3.5 “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
2.3.6 “intellectual property” means, collectively, the patents, copyrights, trademarks, designs, models, brands,
names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual
property which we own, license, use and/or hold on or in connection with the Website;
2.3.7 “know-how" means all the ideas, designs, documents, diagrams, information, devices, technical and
scientific data, secrets and other processes and methods we use in connection with the Website, as well as,
all available information regarding marketing and promotion of the products and services described in these
terms of use, as well as all and any modifications or improvements to any of them;
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2.3.8 “PayGate” means the service provider who shall be processing the payments made by the Customer to
Minaco by means of a credit card or EFT purchase via the Website.
2.3.9 “PAIA” means Protection of Personal Information Act 4 of 2013;
2.3.10 “Post” means to upload, publish, transmit, share or store;
2.3.11 “Product/s” means the products which can be purchased on the Website;
2.3.12 “PAIA” means Promotion of Access to Information Act 2 of 2000;
2.3.13 “RIC Act” means Regulation of Interception of Communications and Provision of Communication-related
Information Act of 2002;
2.3.14 “Terms” means these terms and conditions of use, as amended from time to time which include disclaimers,
returns policy and privacy policy;
2.3.15 “trademarks” means those trademarks we own and any other trademarks, designs, logos, style names, tag
lines and slogans which we own;
2.3.16 “you” and "Users" means the Website’s users;
2.3.17 “us”, “we” and “Minaco” means Minaco Proprietary Limited, registration number 1936/008106/07, a private
company duly incorporated in accordance with the company laws of the Republic of South Africa;
2.3.18 “Website” means the Minaco website at www.minacomemorials.co.za.
2.4 Any reference in these Terms to a party shall, if such party is liquidated or sequestrated, be applicable also to
and binding upon that party’s liquidator or trustee.
2.5 When any number of days is prescribed, such number shall exclude the first day and include the last day,
unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in
which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in
the Republic of South Africa;
2.6 All annexures and amendments to these Terms form an integral part of these Terms.
3 AMENDMENTS TO THE WEBSITE
3.1 We reserve the right, in our sole discretion to amend these Terms at any time, in any way. We will publish the
amended Terms on the Website.
3.2 These amendments shall come into effect automatically and you will be bound by them. It is your responsibility
to review these Terms regularly and to ensure that you familiarise yourself with any amendments thereto.
4 LEGAL AGE AND CAPACITY
4.1 You may not access the Website and may not accept these Terms if you lack the legal capacity to enter into
a binding contract with us or are a person barred from accessing to the Website under the laws of the Republic
of South Africa or other countries including the country in which you are resident or from which you make
access the Website.
4.2 In accessing the Website you represent and warrant that you are of full legal age, or are emancipated or have
your guardian’s consent to enter into a contract, being these Terms.
5 WE MAY CHANGE ASPECTS OF THE WEBSITE
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5.1 We may add new features and modify or even discontinue existing features without notice to you and in our
sole discretion.
5.2 You are free to stop accessing the Website at any time without notifying us. Doing so will not affect the results
of or remove the effects of your access to the Website.
6 PRIVACY POLICY
6.1 PERSONAL INFORMATION
6.1.1 Please refer to our Privacy Policy in paragraph 7 for further information about the personal information we
collect from you through your access to the Website and how we process this personal information.
6.1.2 We may ask you to submit your personal information to us through the Website to access aspects of the
Website or make use of services we offer on or through the Website.
6.1.3 You warrant that the personal information you submit is accurate, current, and complete. You will be denied
access to the Website should you breach this warranty or subsequently be found to have breached this
warranty.
6.1.4 We may take steps to verify your personal information which you submit to us. You irrevocably consent to
this verification process. You acknowledge and agree that your access to the Website may be limited until
such time as the verification process has been successfully completed.
6.1.5 Should you not agree to the verification process or withhold your consent as contemplated above, your
access to the Website, generally, may be suspended or terminated and you waive any claims you may have
against us, our officers, directors, employees, servants, agents and/or contractors arising out of our denial
of access to you to the Website.
6.1.6 Should you require a copy of our PAIA manual, kindly contact us on online@minaco.com.
6.1.7 Minaco is committed to protecting and preserving the personal information of all visitors to the Website. All
references to ''you/your'' in this document will be references to visitors of the Website.
6.1.8 This website privacy policy sets out the basis and governs the processing (which includes the collection, use
and sharing) of personal information by Minaco which we may collect from you, or that you may provide to
us either through the Website or via email or other correspondence.
6.1.9 Please read the terms of this Privacy Policy carefully to understand our views and practices regarding your
personal information and how we will treat it.
6.1.10 By visiting our Website and/or submitting personal information to us, whether during a visit to our Website or
otherwise, you are expressly accepting and consenting to the practices described in this Privacy Policy and
you give your express consent to Minaco, its directors, officers, employees, servants, agents and/or
contractors and/or other third parties to process (which will include collecting, using and disclosing) your
personal information for the purposes stated in this Privacy Policy.
6.1.11 If you do not agree to this policy, please do not use our Website.
6.2 DATA COLLECTION
6.2.1 Personal information is information that identifies, or could be reasonably associated with you. The term
"personal information" shall bear the same meaning under this Privacy Policy as defined in the Protection
of Personal Information Act, 4 of 2013.
6.2.2 Information that does not identify a person, such as anonymous or aggregated data, is not covered by this
Privacy Policy. We may collect, use and disclose such information in order to evaluate and improve our
service offerings; communicate to our sponsors, advertisers and affiliates; or for other purposes without
limitation.
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6.2.3 Information we may collect from you
6.2.3.1 We may collect and process personal information about you.
6.2.3.2 The information that we collect from you includes, but is not limited to your name, surname, address,
telephone number, valid South African identification number, email address, physical address, facts about
yourself, your profession, marital status and preferences.
6.2.3.3 The information mentioned above may be collected from you when you fill in forms on our Website or by
corresponding with us by phone, email or otherwise.
6.2.3.4 This will include information that you provide to us when you register on our Website, subscribe to any of our
services and/or promotions.
6.2.3.5 You may also provide your information to us when you report any problem with respect to our Website.
6.2.4 Information we collect about you
6.2.4.1 With each visit to our Website, we may automatically collect and store certain information about you. This
includes, but is not limited to the following:
6.2.4.1.1 technical information, including your Internet Protocol ("IP") address which is used to connect your
computer to the internet, any login details, to the extent that it is used, operating system and browser
type and platform for system administration; and
6.2.4.1.2 information about your use of our Website including details of your visits such as pages viewed and the
resources that you accessed. Such information includes traffic data, location data and other
communication data.
6.3 Information we receive from other sources
6.3.1 We may receive information about you from third parties with whom we are working closely, for example, our
business partners, sub-contractors in technical, payment and delivery services and credit reference
agencies.
6.4 USAGE OF DATA COLLECTED
6.4.1 Minaco will only process your personal information in accordance with this Privacy Policy and for the purpose
for which it has been collected. We use the information that we collect from you to provide our services to
you.
6.4.2 The personal information that you provide to us may be used by us for one or more of the following purposes:
6.4.2.1 to assist us to process and verify for the purposes for which you provided the information or for further
services;
6.4.2.2 to assist in providing you with an improved experience via the Website;
6.4.2.3 to develop and present new products, services and features for you via the Website;
6.4.2.4 to carry out our obligations arising from any contracts that we may have entered into with you;
6.4.2.5 to provide you with information, products and services that you request from us;
6.4.2.6 to notify you about changes to our service; and
6.4.2.7 to ensure that content of our Website is presented in the most effective manner for you and for your computer.
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6.4.3 The personal information that we may collect about you may be used by us for one or more of the following
purposes:
6.4.3.1 for administration of our Website and for our own internal business operational purposes, such as data
analysis, troubleshooting, research, testing of our systems and statistical and survey purposes;
6.4.3.2 to improve our Website to provide effective services to you;
6.4.3.3 We may disclose your personal information when such disclosure is necessary to protect the legitimate
interests (including safety, property, or other rights) of Minaco, our customers, our associates, or any other
person, or where otherwise required or permitted by applicable laws.
6.5 STORAGE AND TRANSFER OF INFORMATION
6.5.1 There is a possibility that the personal information that we collect from you may have to be transferred to,
and stored at, a destination outside of the Republic of South Africa. It may also be processed by staff
operating outside of the Republic of South Africa who work for us or for one of our third-party service
providers. Such staff may be engaged in, amongst other, fulfilment of any orders, processing of payments
details and the provisioning of support services to Minaco.
6.5.2 Insofar as your information may be transferred outside of South Africa, Minaco shall take reasonable
organisational and/or contractual measures to ensure that your personal information is processed by such
third party service providers for the purposes for which it has been provided to us and that the required levels
of protection have been implemented by such third party service providers to safeguard your personal
information.
6.5.3 By using the Website and submitting your personal information to us, you consent to your personal
information being transferred outside of South Africa.
6.6 CONTROLLING YOUR PERSONAL INFORMATION
6.6.1 We will not sell, distribute or lease your personal information to third parties unless we have your consent or
are required by law to do so.
6.6.2 You may request us to confirm, free of charge, whether we hold personal information about you, after having
provided us with adequate proof of identity. If you would like a copy of the personal information pertaining to
you which we hold, please address a letter to us requesting same at PO Box 650043, Benmore, 2010 or
send an email request to online@minaco.com.
6.6.3 Minaco takes reasonable steps to keep your personal information accurate and complete. We suggest that
you regularly update your personal information where possible.
6.6.4 You may request access to information we hold about you and to have any inaccuracies corrected. As such,
Minaco gives you the option of editing or removing your personal information from our systems. If you need
to correct, complete or delete any personal information you have provided to Minaco, you may send an email
request to online@minaco.com. We will thereafter delete or correct any personal information found to be
incorrect, incomplete or inaccurate.
6.7 COOKIES
6.7.1 Our Website/s use "cookies" or similar technology through which we may automatically collect certain
personal information about you. The following data may be supplied to us by your browser:
6.7.1.1 your IP address and/or domain name;
6.7.1.2 your operating system (type of browser and platform);
6.7.1.3 date, time and length of your visit to the Website(s); and
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6.7.1.4 the resources you accessed and the documents you downloaded.
6.7.2 Cookies help us to improve the Website and to deliver a better and more personalised service to you. They
enable us:
6.7.2.1 to estimate our audience size and usage pattern;
6.7.2.2 to store information about your preferences, and so allow us to customise the Website according to your
individual interests; and
6.7.2.3 to recognise you when you return to the Website.
6.7.3 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the
setting of cookies. However, if you select this setting you may be unable to access certain parts of the
Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue
cookies when you log on to the Website. If you accept a "cookie" or fail to deny the use of "cookies", you
consent to our use of your personal information collected using "cookies" (subject to the provisions of this
Privacy Policy). Where you either reject or decline cookies, you are informed that you may not be able to
fully experience the interactive features of the Website.
6.8 THIRD PARTY WEBSITES
6.8.1 Our Website may, from time to time, contain links to and from the websites or resources of third parties. If
you follow a link to any of these websites, please note that these websites will have their own privacy policies
with which you would need to familiarise yourself.
6.8.2 We do not accept any responsibility or liability for policies of third parties. Please check the privacy policies
of any third-party websites before you submit any personal information to them. Links to third party websites
are provided to you for your information purposes only. We have no control over the contents of those
websites or resources and accept no responsibility for them or for any loss or damage that may arise from
your use of them.
6.8.3 Minaco strictly prohibits the framing of the Website or any of the webpages in any manner.
6.8.4 Minaco strictly prohibits the use of any technology to conduct searches or to obtain any personal information
from the Website without the prior written consent of Minaco.
6.9 SAFEGUARDING OF INFORMATION
6.9.1 All information provided to us is stored on our secure limited access servers. The integrity, privacy and
security of the servers and the personal information stored therein is protected and maintained by Minaco
and/or its appointed third-party service providers.
6.9.2 We will take all appropriate, reasonable, technical and organisational measures to safeguard your personal
information in order to prevent loss of, damage to or unauthorised destruction of your personal information
or unlawful access to or processing of your personal information.
6.9.3 Minaco takes security and privacy of your personal information seriously and we will take all reasonable
steps to ensure that all employees, agents and/or third-party service providers having access to your
personal information are bound by appropriate confidentiality and non-use obligations in relation to your
personal information.
6.10 OUR COMMITMENT
6.10.1 Minaco will-
6.10.1.1 treat your personal information as strictly confidential;
6.10.1.2 take certain technical and organisational measures to protect your personal information;
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6.10.1.3 provide you with reasonable access to your personal information to view and/or update personal
details;
6.10.1.4 as soon as reasonably possible after the discovery of a compromise, and insofar as we can establish
your identity, notify you that there are reasonable grounds to believe that your personal information
has been accessed or acquired by an unauthorised person; and
6.10.1.5 upon your reasonable written request, return or destroy any and all of your personal information
which may be in our possession or control.
6.10.2 Whilst we will do all things reasonably necessary to protect your personal information, we cannot guarantee
nor do we accept any liability of whatsoever nature for any unauthorised or unlawful disclosure and/or use of
your personal information, either by employees and/or made by any third parties (including third-party service
providers) who are not subject to our control, unless such disclosure and/or use is as a result of our gross
negligence.
6.10.3 If you disclose your personal information to any third-party (including an entity which operates a website
linked to our website(s)), we shall not be liable for any loss or damage, howsoever arising, suffered by you
as a result of the disclosure of your personal information to such third parties. This is because we do not
regulate or control how third parties use your personal information. You should always ensure that you read
the privacy policy of any third party that you disclose your personal information to.
6.11 POLICY CHANGES
6.11.1 We may change our Privacy Policy from time to time. Such changes will take effect as and when published
on our Website with or without notice to you. Please ensure that you check our Privacy Policy periodically
for changes.
6.11.2 Should you have any queries relating to this Privacy Policy or the way in which your personal information is
used, please follow the steps in the "Feedback and Questions" section below and we will assist in resolving
your query.
6.12 FEEDBACK AND QUESTIONS
6.12.1 Should you have any questions or feedback with regards to this Privacy Policy, kindly contact Minaco by
emailing online@minaco.com. Minaco reserves the right to contact you from time to time to clarify questions,
provide appropriate feedback and to duly notify you of any and all changes to the Privacy Policy or the terms
which may affect you and the use of the website.
6.12.2 We shall take reasonable steps to protect your personal Information. Details of what personal information
we collect, what we do with it and what you should know about submitting personal information when you
access the Website can be found in our Privacy Policy. We recommend you read our Privacy Policy very
carefully before you access the Website.
7 ACCEPTABLE USE
7.1 You may not access the Website for or in conjunction with any illegal, unlawful or immoral purposes or as
prohibited by these Terms.
7.2 You may not frame the Website in any way whatsoever without our prior written consent. Recognising the
global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your
conduct on the Website.
7.3 You agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited
to the examples listed below, you agree not to:
7.4 engage in any abuse of e-mail or spamming, including, without being limited to –
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7.4.1 the posting or cross-posting of unsolicited content with the same or substantially the same message to
recipients that did not request to receive such messages; and
7.4.2 inviting people who you may be connected to using third-party services to access the Website where those
people may not wish to receive such invitations or similar communications (in other words, make sure your
contacts on other services are receptive to receiving invitations to joining us and accessing the Website or
other communications you send them from us);
7.4.3 engage in any activity intended to entice, solicit or otherwise recruit Website users to join an organisation
except where we expressly authorise such activities in writing;
7.4.4 take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your
affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of
anything posted or transmitted through the Website;
7.4.5 use the Website to post or transmit anything which is defamatory, discriminatory, obscene, offensive,
threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs
or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
7.4.6 use the Website to make fraudulent offers to sell or buy products, items or services or to offer or solicit for
any type of financial scam such as "pyramid schemes" and "chain letters";
7.4.7 use the Website in a manner that may infringe the intellectual property rights (for example copyright or trade
marks) or other proprietary rights of others;
7.4.8 use the Website to post anything which contains viruses or any other destructive features, regardless of
whether or not damage is intended;
7.4.9 gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the services
to collect or attempt to collect personal information about third parties without their knowledge or consent;
7.4.10 violate the privacy of any person in any way including, but not limited to, sharing any person’s personal
information without their consent;
7.4.11 attempting to gain unauthorised access to the Website or any other network, including (without being limited
to) through hacking, password mining or any other means;
7.4.12 otherwise use the Website to engage in any illegal or unlawful activity.
7.5 Should you engage in any one or more of the above practices (determined at our sole discretion), we shall be
entitled, without prejudice to any other rights we may have, to:
7.5.1 without notice, suspend or terminate your access to the Website;
7.5.2 hold you liable for any costs we incur because of your misconduct; and/or
7.5.3 notwithstanding our Privacy Policy referred to above, disclose any information relating to you, whether public
or personal, to all persons affected by your actions where we are compelled by law to do so.
8 LICENSES
8.1 Our license to you
8.1.1 We grant you a personal, non-commercial, revocable, worldwide, royalty-free, non-transferrable and nonexclusive
licence to access our content on the Website. This license is for the sole purpose of enabling you
to access the Website, in the manner permitted by these Terms. In the event we revoke this license, you
may no longer access the Website.
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8.1.2 Unless we have given you specific written permission to do so, you may not transfer your rights to access
the Website through an assignment of rights, sub-licence or otherwise.
8.1.3 To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing
of any content is expressly permitted (such permission to be interpreted in its most restrictive sense) you
may do so, provided that all trademarks, trade names, copyright, ownership, proprietary and confidentiality
notices as are included on the original content are retained and displayed without alteration or modification
and not in any manner obscured or removed.
8.1.4 You acknowledge that you do not acquire any ownership rights or rights of use in or to any content by copying,
reproducing, distributing, transmitting, displaying, broadcasting or publishing that content except where
explicitly permitted to do so in these Terms or otherwise in writing from us.
8.1.5 You may only cache the Website if:
8.1.5.1 the purpose of caching is to make the onward transmission of the content from the Website more efficient;
8.1.5.2 the cached content is not modified in any manner whatsoever;
8.1.5.3 your manner of access to the data complies with general conditions of access set out in these Terms;
8.1.5.4 you do not interfere with the lawful use of technology to obtain information about how the cached data is
being used; and
8.1.5.5 the cached content is removed or updated when we request that do so.
9 LIMITATION OF LIABILITY
9.1 To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied,
including without limitation to the implied warranties that the content published to the Website is fit for any
purpose.
9.2 When you access the Website, it is entirely at your own risk. The Website is made available to you “as is”.
9.3 Although we take steps to verify information presented on or through the Website, we do not warrant the
accuracy or reliability of any advice, opinion, statement, or other information contained in, displayed on, linked
to or distributed through the Website that we and/or other users may publish to the Website. You acknowledge
that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. We reserve
the right, in our sole discretion, to correct any errors or omissions on or relating to the Website without notice
to you.
9.4 Information, ideas and opinions expressed on or through the Website should not be regarded as professional
advice or our official opinion and you are strongly advised to seek appropriate professional advice before acting
on such information.
9.5 Whilst we take reasonable precautions in our operation of the Website, neither we nor our
agents/representatives will assume any responsibility and neither we nor our agents/representatives (in whose
favour this constitutes a stipulatio alteri or stipulation for another) shall be liable for any damages to or for
viruses that may infect your computer equipment or software or other property on when you access the
Website. Any content you access through the use of the Website is done at your own discretion and risk and
you will be solely responsible for any damage to your computer system or loss of data that results from
accessing to the Website.
9.6 We will use reasonable endeavours to make the Website available to you, and keep the Website available to
you at all times. However, you agree that we shall not be liable in respect of any loss or damage caused by
or arising from the unavailability of, any interruption in or your use of the Website access (either in part or as
a whole) for any reason whatever.
9.7 You further agree that –
9.7.1 under no circumstances whatsoever, including as a result of our negligent acts or omissions or those of our
directors, officers, servants, agents or contractors or other persons for whom in law we may be liable, shall
we or our directors, officers, servants, agents or contractors or other persons for whom in law we may be
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liable (in whose favour this constitutes a stipulatio alteri or stipulation for another), be liable for any direct,
indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind
whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss
was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of
revenue, loss of operation time, corruption or loss of information, content or data and/or loss of contracts
sustained by you, your directors, servants, dealers or customers, resulting from your use of or inability to
access to the Website;
9.7.2 you waive and may not bring any claims or legal action arising out of or related to Website access or these
Terms more than 3 (three) months after the cause of action relating to such claim or legal action arose.
10 INDEMNITY
You hereby indemnify us and our directors, officers, employees, servants, agents and/or contractors and/or
other persons for whom in law we may be liable (in whose favour this constitutes a stipulatio alteri or stipulation
for another) from any loss, damage, damages, liability, claim or demand due to or arising out of your access
to the Website or your breach of these Terms.
11 RIGHTS INFRINGEMENT
11.1 If you are of the view that your rights have been infringed through the unlawful use of the Website access by
other Website users or third parties, you may address a complaint to us by emailing online@minaco.com or
calling us directly on 011 775 5000. Please include the following information in your complaint which may be
of assistance in resolving the problem:
11.1.1 the full names and address of the complainant;
11.1.2 the written or electronic signature of the complainant;
11.1.3 identification of the right that has allegedly been infringed;
11.1.4 identification of the material or activity that is claimed to be the subject of unlawful activity;
11.1.5 the remedial action required to be taken by the service provider in respect of the complaint;
11.1.6 telephonic and electronic contact details, if any, of the complainant;
11.1.7 a statement that the complainant is acting in good faith;
11.1.8 a statement by the complainant that the information in the take-down notification is to his or her knowledge
true and correct.
11.2 We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will
take appropriate action where necessary. Such action may include, but is not limited to, removing the
offending content from the Website and/or appropriate action taken against the relevant user and/or thirdparty.
11.3 You further have the right to submit your complaint to the Consumer Goods and Services Ombud ("Ombud")
and may proceed to contact the Ombud via the following detail:
Sharecall: 086 000 0272
Website: www.cgso.org.za
Email: complaints@cgso.org.za
12 DEALINGS WITH THIRD PARTIES
12.1 Links to and from the Website from and to other Websites belonging to or operated by third parties (“linked
Websites”) do not constitute our endorsement of such linked Websites or their contents nor do we necessarily
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associate ourselves with their owners or operators. You are solely responsible for identifying and familiarising
yourself with any terms and conditions which will govern your relationship with such third-party/ies.
12.2 We have no control over linked Websites and you agree that we are not responsible or liable for any content,
information, goods or services available on or through any such linked Websites or for any damage, damages
or any other loss caused or alleged to be caused by or in connection with your use of or reliance on any such
content, information, goods or services available on or through any such linked Websites. You further agree
that where you access linked Websites, you do so entirely at your own risk.
12.3 Your interaction, correspondence or business dealings with third parties which are referred to or linked from
or to the Website is similarly entirely at your own risk and are solely between you and such third-party including
the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties
or representations associated with such interaction, correspondence or business dealings.
13 GOVERNING LAW AND JURISDICTION
13.1 You irrevocably agree that the law of the Republic of South Africa shall govern your access to the Website and
these Terms.
13.2 You consent to the jurisdiction of the South African courts in respect of disputes which may arise out of your
access to the Website and these Terms.
14 LEGAL SERVICE OF DOCUMENTS AND NOTICES
14.1 We choose the addresses set out in clause 19 below for all communication purposes under these Terms,
whether in respect of court process, notices or other documents or communications of whatsoever nature.
14.2 You agree that we may, but are not obliged to, serve notices or other documents or communications on you
using your email address. In such cases, you agree further than our notices or other documents or
communications will be deemed to have been served on you no later than 24 hours after the notices or other
documents or communications were sent.
15 WE MAY MONITOR YOUR COMMUNICATIONS
15.1 Subject to the provisions of the RIC Act you agree to permit us to intercept, block, filter, read, delete, disclose
and use all communications you send or post to us or the Website or using the Website and/or to our staff
and/or employees.
15.2 You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified
in the ECT Act and in the RIC Act.
15.3 We reserve the right, but have no obligation, to monitor the content you post on the site. We reserve the right
to remove any such information or material for any reason, including without limitation, if, in our sole opinion,
such information or material violates, or may violate, any applicable law or our Terms, or to protect or defend
our rights or property or those of any third-party. We also reserve the right to remove information upon the
request of any third-party.
16 SEVERABILITY
Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to
the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written)
and severed from these Terms, without invalidating the remaining provisions of these Terms.
17 TERMINATION
If you breach any of these Terms, we may immediately, automatically and without notice to you, terminate your
access to our Website, and/or prohibit your future access to the Website, and/or take appropriate legal action
against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without
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incurring any liability to you of any nature whatsoever and howsoever arising, and all of our rights in this regard
are expressly reserved.
18 DISCLOSURES REQUIRED BY THE ECT ACT
18.1 Access to the content, Website and/or competitions available on or through the application are classified as
“electronic transactions” in terms of the ECT Act and therefore you have the rights detailed in Chapter VII of
the ECT Act and we have the duty to the disclose the following information:
18.2 Our full name and legal status: Minaco (Pty) Ltd Registration Number 1936/008106/07)
18.3 Street address: 21A Impala Road, Chislehurston, Sandton, 2196
18.4 Postal address: P O Box 650043, Benmore, 2010
18.5 Physical address for receipt of legal service: 21A Impala Road, Chislehurston, Sandton 2196
18.6 Main business: Processing and distribution of granite / dimension stone
18.7 Website address: www.minacomemorials.co.za
18.8 Official email address: online@minaco.com
18.9 Governing terms of use: These Terms
18.10 Manual in terms of PAIA may be obtained by contacting us at online@minaco.com.
19 GENERAL TERMS
19.1 You agree that:
19.1.1 you are bound by these Terms;
19.1.2 data messages addressed by you to us shall be deemed to have been –
19.1.2.1 received if and when responded to;
19.1.2.2 sent by you within the geographical boundaries of South Africa;
19.1.3 electronic signatures, encryption and/or authentication are not required for valid electronic communications
between you and us;
19.1.4 as well as warrant that data messages that you send to us from a computer, IP address or mobile device
normally used by you, was sent and/or authorised by you personally.
19.2 These Terms constitute the whole agreement between you and us relating to your access to the Website.
19.3 No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms which
we may show, grant or allow you shall operate as an estoppel against us in respect of its rights under these
Terms nor shall it constitute a waiver by us of any of our rights and we shall not thereby be prejudiced or
stopped from exercising any of its rights against you which may have arisen in the past or which might arise
in the future.
19.4 Nothing in this agreement shall create any relationship of agency, partnership or joint venture between you
and us and you shall not hold itself out as our agent or partner or as being in a joint venture with us.
20 COLLECTION OF COOKIES
A cookie is a piece of information that is deposited on your computer's hard drive by your web browser when
you use our computer server. The cookies enable us to recognise you and give us information about your
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previous visits. Most browsers accept cookies automatically, but usually you can alter your settings to prevent
automatic acceptance. If you choose not to accept cookies, this may disable some of the features of our
Website. The information that we collect and may share with our advertisers is anonymous and not personally
identifiable. It does not contain your name, address, telephone number or email address.
21 ONLINE REGISTRATION
21.1 Registration as a purchaser on the Website is free and does not oblige you to purchase anything. You must
register with Minaco before placing your first order online.
21.2 Registration and/or use of our Website constitute your acceptance and agreement to be bound by the terms
of our Website. To register you will be required to provide certain personal information which is protected by
our privacy policy.
21.3 When registering with Minaco as a purchaser, you will be required to:
21.3.1 provide a valid cellphone number, which will be used to communicate an OTP (One Time Pin) to you, which
will be used for login purposes.
21.4 In registering as a purchaser you are required to provide Minaco with complete and accurate information about
yourself. By doing so you warrant that the information provided is correct.
22 PRODUCT IMAGES, REPRESENTATION AND PRODUCT DESCRIPTION
22.1 Minaco has made every effort to display the Products on the Website as accurately as possible, including:
22.1.1 the images that represent a visual depiction of the Product;
22.1.2 features and descriptions that pertain to the Product; and
22.1.3 specifications in respect of the Product;
however, the actual Product delivered may be subject to natural variations in appearance, as the Product is
a natural product.
22.2 It remains your responsibility to ensure that the Products ordered and received are correct.
22.3 As the actual colours you see will depend on your computer's monitor Minaco cannot guarantee that your
monitor's display of any colour will be accurate.
22.4 Images of Products may include ancillary items which are sold separately and you will be required to place an
additional order for such ancillary items.
22.5 Minaco may suggest, from time to time, related Products to the Product that you are viewing on the Website.
These related Products are only indicative and not an exhaustive list. Minaco shall not be liable in the event
that you purchase a related Product which you do not require and/or is not suitable for your specific
requirements.
22.6 If you are not satisfied with the Products received then you may return such Products subject to Minaco’s
return and refund policy contained in paragraph 29, as amended, from time to time.
23 OBVIOUS ERRORS
Minaco will not accept any orders where Minaco identifies an inadvertent and obvious error in the prices of
Products or the description of any of the Products on the Website.
24 PRODUCT PRICING AND AVAILABILITY
24.1 The Products displayed on the Website are only available within the Republic of South Africa and within the
areas as determined by Minaco from time to time.
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24.2 You will be required to select your collection point from which the products will be collected. Available collection
points are identified during the checkout process.
24.3 It is your responsibility to ensure that you select the correct collection point. Minaco will not be liable for any
Products or additional costs which may be incurred as a result of incorrect information submitted.
24.4 All prices displayed on the Website are valid and effective only in the Republic of South Africa for the day that
they are viewed. Minaco reserves the right, without prior notice, to discontinue or change pricing or
specifications of products offered on this Website without incurring any liability whatsoever.
24.5 Minaco cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your
order. Where items are not available, Minaco will endeavour to contact you based on the information provided
at registration, and either offer the option to cancel/change the order or reduce the quantities, where applicable.
24.6 Should the situation arise where Minaco identifies a substantial error in your order, and Minaco has made
every reasonable attempt to contact you on the information provided by you, but is unable to reach you, you
nevertheless agree to accept receipt of the order.
24.7 You will be charged the prices that are reflected on the Website, subject to availability. The prices currently
exclude Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability
and limited offer stipulations.
25 METHODS OF PAYMENT
25.1 Prior to confirmation from Minaco that the Products are ready for collection by you, Minaco shall be entitled to
either:
25.1.1 debit the credit/debit card supplied by you on acceptance of your order should you be paying with a
credit/debit card; or
25.1.2 process the order once Minaco has received a successful confirmation of payment, should you be paying by
EFT; or
25.1.3 cash deposits into the bank of Minaco will be allowed under certain conditions, subject to an administrative
fee of 2%, which fee is subject to change without notice.
25.2 All payments made by a credit/debit card or EFT shall be processed by PayGate and Minaco. Your credit/debit
card details and personal information shall be provided by you to PayGate in order for the payment transaction
to be processed.
26 3D SECURE
26.1 When using your credit card for online shopping, Minaco, through PayGate, may use 3D Secure as an
additional security measure should your issuing bank support it.
26.2 3D Secure will authenticate your personal details and will authorise payment for online shopping. If your issuing
bank supports 3D Secure but you have not activated it, you will be redirected during the payment process to
set it up.
27 ORDERS
27.1 By submitting an order to buy Products, you:-
27.1.1 represent and warrant that you are over the age of 18 (eighteen) years;
27.1.2 represent and warrant that you are authorised to place the order, make payment for the order and that there
are sufficient funds available on your credit/debit card;
27.1.3 represent and warrant that, if paying via EFT, that you have followed the payment instructions provided by
PayGate;
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27.1.4 consent to us providing your personal information to our third-party payment provider, namely PayGate,
which is necessary to enable us to perform our obligations in terms of this Agreement.
27.2 In order to protect our interests as well as yours, we may, but are not obliged to do so, scrutinise transactions
to prevent fraud. Any transactions may be refused by Minaco if Minaco is not satisfied that it is legitimate.
27.3 You may pay for the Products by using a valid Master or Visa credit/debit Card, EFT. No other method of
payment, including gift vouchers, will be accepted by Minaco in respect of the purchase of Products on the
Website.
27.4 In placing an order you will be required to select where the Products ordered will be collected from. Each order
is limited to one collection point. Orders to multiple collection points constitute separate orders.
27.5 All your orders placed through the Website can viewed on the website.
27.6 On completion of your order, Minaco will send you an email describing the Products that you have ordered on
the Website and a sms confirming the order number.
27.7 Minaco will contact you once your order is ready for collection at the selected collection point.
27.8 Minaco is not legally obliged to provide the Products to you during the order process.
27.9 The contract of sale between you and Minaco will only be completed once you have collected your order from
the selected collection point. Any products on the same order which have not been dispatched to you do not
form part of that contract.
27.10 Collection dates are only estimates, and as your order is processed you will be informed if any outstanding
Products on your order are unavailable or delayed for any reason.
28 COLLECTIONS
28.1 Minaco shall only deliver to specified collection points. If Minaco does not deliver to any collection points in
your area, you may contact Minaco directly at online@minaco.com to arrange for alternative options, which
will carry an additional cost.
28.2 You will be advised by Minaco should multiple dispatches to your collection point be required.
28.3 You must ensure that the correct collection point is selected and Minaco shall not be liable for any deliveries
made to an incorrectly selected collection point.
28.4 Minaco may contact you regarding your orders from time to time.
28.5 On each collection of an order from the selected collection point, you will receive a delivery note from Minaco
showing the items received.
28.6 For verification purposes, the person collecting the Products at the collection point will be required to produce
a form of identification as well as a valid order number. Should you not be able to collect in person, Minaco will
require a letter authorising any person other than yourself to accept the Products on your behalf.
29 REFUNDS / RETURNS / CANCELLATION
29.1 Minaco is committed to fair trading practices as well as the principles envisaged in the Consumer Protection
Act, Act 68 of 2008 (‘CPA’) and the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) in
all dealings with our Customers.
29.2 Minaco acknowledges that Customers have certain specified rights in terms of the CPA and the ECTA.
29.3 The Product you have ordered is a product made to your specification and is undoubtedly
personalised/customised.
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29.4 Once you have placed your order:
29.4.1 You will have two (2) business days to properly consider your purchase. Should you change your mind and
not want to proceed with the purchase, you may cancel the order online and we will give you a full refund of
your money.
29.4.2 Due to the personalised/customised nature of the Product, if you have not cancelled your purchase after two
(2) business days, your order will be final.
29.4.3 You will have the opportunity to review the entire transaction on the Website. You will be able to correct any
mistakes you may have made before your final order is submitted.
29.4.4 The responsibility lies solely with you to ensure that the information you provide us is correct and Minaco will
not be held liable for any mistakes made due to your negligence.
29.5 Once your order is submitted for processing:
29.5.1 You may cancel your order, but you will not be entitled to a full refund. As the Product is a
personalised/customised Product, you will forfeit your payment. Minaco will not be liable for any losses
suffered by you.
29.6 Once your order has been delivered to the collection point:
29.6.1 You will be given the opportunity to inspect your Product. Upon inspection you will be requested to sign a
collection document confirming that you are satisfied with the Product.
29.6.2 Should any structural defects/damage be visible upon inspection at the collection point, Minaco will replace
the Product at our expense.
29.6.3 Should you decide to cancel the purchase at this point, you will not be entitled to a refund. Minaco will only
replace your Product due to a structural defect/damage. Minaco will make every reasonable effort to ensure
that your Product arrives at the collection point without damage.
29.6.4 Should you wish to cancel your order for any other reason besides structural defect/damage, you will still be
liable for the full purchase price and will not qualify for a refund or replacement. Minaco will only consider
replacement if it can be proven that Minaco acted with gross negligence or wilful misconduct.
29.7 Minaco may cancel your order at any time at Minaco’s sole discretion. We will retain ownership in the Products
until payment has been received in full.
29.8 Once your order has been collected by you or your representative:
29.8.1 You will not be entitled to a refund / replacement or cancellation. All risk and responsibility of the Product
will transfer to you. Minaco will not be held liable for any claim for any reason whatsoever
