TERMS AND CONDITIONS
BY USING THE WEBSITE YOU WARRANT THAT YOU ARE 18 (EIGHTEEN) YEARS OF AGE OR OLDER AND OF FULL LEGAL CAPACITY. PLEASE DO NOT PROCEED WITH THE USE OF THE WEBSIT IT IF YOU ARE UNDER THE AGE OF 18 (YEARS) OR DO NOT AGREE WITH THE TERMS AND CONDITIONS SET OUT HEREIN.
These T&C apply to users of the Website who are deemed consumers in terms of the South African Consumer Protection Act 68 of 2008 as amended. It is your responsibility to obtain clarity from us or your own legal advisor if there are any T&C that you do not understand prior to you accepting the T&C or using the Website for purchasing of Goods.
TWISP (PROPRIETARY) LIMITED (“TWISP”, “we”, “us” and “our”), under the brand of TWISP provides; subject to the conditions contained below, the Website which can be accessed at www.twisp.co.za (“Website”) and which is owned by TWISP, for the sale of vapour devices, vapour liquids and vapour product accessories and components (“Goods”).
These Terms and Conditions (“T&C”) govern your use of the Website as well as the ordering, sale and delivery of Goods.
1. THE SMALL PRINT RELATING TO THE GOODS AND PROCESSES
1.1 TWISP offers you the Goods solely as defined in the Website and subject to the limitations and restrictions as set out here below.
1.2 We will use our best endeavours to ensure that the Website is current with regards to Goods and that discontinued or sold out Goods are removed from the Website as speedily as possible after the occurrence of such event. We can however not guarantee the availability of the Goods and will notify you if Goods are no longer available and refund any payment received by us in respect of such Goods.
1.3 We use our best endeavours to ensure that the Website accurately reflects the description, availability, price and colours of the Goods. Please note that colour perception can differ from person to person. Factors such as monitor type, view settings, print variations and personal perceptions do come into play. We shall not be liable to you for any claim, loss or expense relating to a transaction based on any such error of whatsoever nature on the Website (which are not due to our gross negligence), but for refunding you the amounts already paid and received by us only in the event of incorrect pricing.
1.4 Only registered users may place orders for Goods, which TWISP may accept or reject. Acceptance by TWISP of an order depends on the availability of the Goods, correctness of the information pertaining to the Goods (including but not limited to the price), correctness of your information and receipt by us of payment for the Goods.
1.5 Transmission of a delivery or dispatch notification by us will constitute an acceptance of your order for the Goods at which point a valid agreement of sale will come into effect between you and us.
1.6 Placement of Goods in the shopping basket without completing the purchase cycle does not constitute an order by you. We will not be held liable if the Goods are no longer available when you complete the purchase cycle for Goods in the shopping basket.
1.7 Your order will be deemed rejected if we notify you of cancellation thereof. You will be able to cancel your order, by email only, at any time prior to receiving a dispatch or delivery notification.
1.8 Payment options are as reflected on the website. You must ensure that the payment is effected within 24 (twenty-four) hours from placement of your order and submit proof of such payment to us failing which your order will automatically be cancelled. Selection of payment by debit or credit card will result in you being directed to a secure link for such payments.
1.9 Goods ordered and paid for will be delivered to you by courier or registered post, the method of which is determinable at our discretion. The delivery cost for a South African specified delivery address is, unless specifically otherwise stated, deemed included in your purchase price for the Goods. Deliveries will be effected as speedily as practically possible and we endeavour to complete South African deliveries within a period of 7 (seven) days from date of order payment received. We will notify you should there be an unanticipated delay in delivery in excess of 14 (fourteen) days and you will then be afforded a 7 (seven) day period from date of such notification to notify us whether or not to proceed with the delivery. You will in the event of electing to terminate be entitled to a refund of the monies received in respect of the Goods on the basis as set out in below. Delivery periods outside of South Africa will be location dependent. Any delivery queries can be directed by email to: email@example.com.
1.10 Any refund due to you shall be effected as soon as possible after occurrence of the refund event, but by no later than 2 (two) weeks after the occurrence of such event.
1.11 All payments made by us will be made via EFT only into the South African bank account details supplied by you. Payments made by us shall; unless specifically stated to the contrary, not be subject to payment of any payment administration fee levied by us. The aforegoing does not exclude the right of your bank to levy charges for EFT payments made by us into your account, for which we cannot be held liable. You hereby waive any claim, monetary or otherwise, that you may have against TWISP in respect of any possible delay in payment or for failure by your financial institution to immediately credit your bank account after receipt of payment from us.
1.12 You acknowledge that a certificate issued by a director or manager of TWISP, whose authority need not be proven, shall be prima facie proof of the amount and date of payment. The parties agree that this certificate shall be binding and does not grant you access to the bank or financial statements of TWISP which remains confidential.
2. YOUR ACCOUNT
To place orders for Goods on the Website, you must create an TWISP client account (“Account”) through the Website; which Account is the basis for proceeding with an order for Goods on the Website.
By completing the Account information, you represent and warrant that:
2.1.1 you are over the age of 18 years
2.1.2 all registration information you submit is truthful and accurate;
2.1.2 you will maintain the accuracy of such information; and
2.1.3 your use of the Website does not violate any applicable law or regulation or the terms of this Agreement.
2.2.1 When you sign up to become a registered client of the Website (“User”), you will be required to choose a login name and a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another User at any time. You are solely responsible for use of your Account and agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password.
2.2.2 By using your login details you will be able to view and manage your Account online.
2.3.1 This Agreement shall remain in full force and effect until you delete your account from the Website.
2.3.2 We may terminate your Account:
126.96.36.199 if you are in breach of this Agreement;
188.8.131.52 if we decide in our sole discretion to stop discontinue sale of the Goods; or
184.108.40.206 for any or no reason, without giving you notice.
2.3.3 You understand that any termination of this Agreement and your Account may involve deletion of your Account information from our live databases and all the information stored for such Account.
2.3.4 TWISP will not have any liability whatsoever to you for any termination of your Account or related deletion of your information. We may modify, suspend or discontinue the Services at any time, for any reason, at our sole discretion.
3. LIMITATIONS OF THE WEBSITE
You acknowledge that:
3.1 the Website may not be available; and
3.2 access and use of the Website may not be provided at any specific level of quality.
3.3 In no event shall we be liable to you or any third party for any loss of profit or any indirect, consequential, exemplary, incidental, or any other damages arising from your use of the Services, other than as provided for under applicable legislation, including the Consumer Protection Act 68 of 2008.
4. PROPRIETARY RIGHTS
4.1 TWISP MATERIALS; LICENSE; OWNERSHIP AND RESTRICTIONS.
4.1.1 The Website, as well as intellectual property rights vested therein; including but not limited to the trademarks, copyright, content and other intellectual rights vested therein (collectively referred to as “the material”) are exclusively licensed to and vests in TWISP. All rights thereto remain strictly reserved.
4.1.2 TWISP grants you the limited right to the information and content provided on or through the Website (the "TWISP Materials") only on your web browsing device, provided that the TWISP Materials remain unmodified, and is solely for your personal or internal informational use (i.e. not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media).
4.1.3 This limited license terminates automatically, without notice to you, if you breach this Agreement or upon termination or expiration of your Account and/or this Agreement.
4.1.4 Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials. You acknowledge that all the intellectual property rights in the Website, Goods and TWISP Materials are owned by us or our licensors; and the intellectual property rights in the Advertisements are owned by the respective Advertiser or such Advertiser’s licensors.
4.1.5 Except as expressly set forth herein, you agree not to:
220.127.116.11 reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Goods or TWISP Materials; or
18.104.22.168 rent, lease, loan, or sell access to the Website.
4.1.6 You acknowledge that, except as expressly provided herein, you have no right, title or interest in or to the Goods and TWISP Materials. Contact firstname.lastname@example.org for any other mode of sharing, copyright questions and/or permission requests. Any unauthorized reproduction or use of this material will constitute a copyright infringement and render the doer liable under both civil and criminal law.
TWISP may periodically request that you provide, at your election, feedback regarding the use, operation and functionality of the Website and the Goods (“Feedback”). Such Feedback will include without limitation user-desired features. You hereby assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner it deems appropriate.
5. ACCEPTABLE USE
5.1 You are solely responsible for any use of the Website through your Account and for any interactions with Advertisers.
5.2 Any use of the Website in violation of this Agreement may in the sole discretion of TWISP result in, among other things, immediate termination or suspension of your rights to use the Website for ordering of Goods.
6. DISCLOSURE OF PERSONAL INFORMATION
6.1 We will not disclose your information to a person who is not in our employee or an authorized agent of us without your permission, unless we are compelled by law or in terms of a court order to do so, or it is in the public interest to do so, or it is necessary to protect our rights and ensure the integrity and operation of our business and systems. The information we access and disclose; if required or deemed necessary and appropriate, includes without limitation, Account information (i.e. name, e-mail address, etc.) and usage history.
6.2 TWISP will on its own initiative or at your request rectify or erase any incomplete, inaccurate or outdated personal information retained by us. You expressly agree that we may use your information and information regarding your use of the Website to create and further refine the Website and Goods. You furthermore agree that we may create aggregate information from your use of the Website by removing personally identifiable information, such as names, and to use and disclose such aggregate information in its discretion.
6.3 We shall take all reasonable steps to protect your personal information. For this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA) and the Protection of Personal Information Act 4 of 2013 (POPI).
6.4 We may electronically collect, store and use the following personal information of you:
6.4.1 demographic and biometric information,
6.4.2 correspondences transmitted,
6.4.3 location information
6.4.4 name and surname;
6.4.5 birth date;
6.4.7 contact details, including email address and mobile numbers;
6.4.8 banking details of a South African registered bank;
6.5 We collect, store and use the above-mentioned information for the following purposes:
6.5.1 to greet you when you contact us;
6.5.2 to compile non-personal statistical information about you to refine or Goods; and
6.5.3 subject to your consent, inform you about competitions and special offers by us and/or our partners/affiliates.
6.6 TWISP owns and retains all rights to non-personal statistical information collected and compiled by it.
6.7 When you create an Account or send e-mails to us, you consent to receiving communications from us electronically and agree that all agreements, notices, disclosures and other communications sent by us satisfies any legal requirements, including but not limited, to the requirement that such communication should be “in writing”.
6.8 The banking details supplied by you will only be used to credit your bank account with any amounts that may be due to you in terms of this agreement. We will not be held liable for recovery of payments made due to incorrect banking details supplied by you.
7.1 The Website is solely provided as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement. Without limiting the foregoing, we make no warranty that the services will meet your requirements; be available on an uninterrupted, timely, secure, or error-free basis or meet any quality specification.
7.2 Neither we nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to this Website or content provided from and through this Website or the Services. We make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website or the Goods are free from errors or omissions. You are encouraged to report any possible malfunctions and errors to us.
8. LIMITATION ON LIABILITY
In no event shall we be liable to you or any third party for any loss of profit or any indirect, consequential, exemplary, incidental, or any other damages arising from your use of the Website.
9. PROMOTIONS AND COMPETITIONS
9.1 We may from time to time run promotions and/or competitions to build brand loyalty, grow brand awareness, reward and/or incentivise our customers.
9.2 Promotions are unless specifically stated otherwise subject to limited duration or limited stock availability as stated in promotion specific material.
9.3 Promotions are conducted independently of each other and you cannot use promotional items of one promotion to benefit from another concurrently running promotion.
9.4 Promotions may be subject to further specific terms and conditions which will be stated in the promotion specific material.
9.4 Competitions will be subject to the general competition rules as stated in this website and such further competition specific terms and conditions as stated in the competition specific material.
10.1 This Agreement may be modified by us at any time. The changes will appear in this agreement which you can access at any time by logging onto the Website. You agree that your continued use after such an amendment shall constitute your acceptance of the amended Agreement and will you be held bound thereto. Prior notification of material changes will be noted on the website prior to implementation.
10.2 This document constitutes the whole of the agreement (to the exclusion of all else) between the Parties relating to the subject matter hereof.
10.3 No amendment, alteration, addition, variation or consensual cancellation of this document will be valid unless reduced to writing and signed by both Parties. For the purposes of this agreement the term “in writing” will include email exchanges between parties, subject to successful delivery report. The term “signed” will include an email by the receiving party accepting the terms of the content transmitted by the sending party.
10.4 No waiver of any of the terms or conditions of this Agreement will be binding for any purpose unless expressed in writing and signed by the Party giving the same and any such waiver will be effective only in the specific instance and for the purpose given.
10.5 No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
10.6 If any of the provisions of this Agreement are found to be invalid, unlawful or unenforceable, such terms shall be severable from the remaining terms, which shall continue to be valid and enforceable.
10.7 This agreement shall not be ceded or assigned nor the rights in terms hereof pledged or made over to any other party.
10.8 Please be aware that you will be liable for the data charges of your internet services provider for accessing and use of the Website. You need an appropriate functioning web browsing device to use the Website and that providing this is solely your responsibility.
10.9 You hereby indemnify and waive all claims against TWISP and its employees and agents from any claims, damages, cost and expenses (including attorney-own client costs) of every kind and nature, arising out of or in any way connected with any interaction or communication with any person or entity through your use of the Services and the products and services promoted in the Advertisements.
10.10 This agreement will be governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts for any dispute that may arise out of this agreement.
10.11 TWISP hereby selects the physical address as per clause 11.3 below as its address for service of all formal notices and legal documents relating to your use of the Website or these T&C (“nominated address”). We reserve the right to change the nominated address at any time without prior notice to you by updating these T&C.
10.13 You hereby select the delivery address specified in your order for the Goods as your nominated address, which you may change at any time prior to placing subsequent orders.
10.14 All notices must be hand delivered, sent by pre-paid registered post or sent via email and will be deemed to be received as follows:
10.14.1 hand delivery: on the day of actual delivery;
10.14.2 pre-paid registered post: 10(ten) working days after date of posting, subject to being in possession of the issued registered post transmission receipt;
10.14.3 e-mail: subject to successful delivery notification, on the business day following the day of transmission
11. TWISP INFORMATION
The details of TWISP, in compliance with the provisions of the South African Electronic Communications and Transactions Act 25 of 2002 as amended and to be read in conjunction with the T&C and Goods descriptions on the Website, are as follows:
11.1 Registered Name: Twisp (Proprietary) Limited
11.2 Registration Number: 2014 / 273628 / 07
11.3 Physical Address for receipt of legal service (postal and street address):
19 Frazitta Business Park, Cnr. Freedom Way, Marconi Beam, Milnerton, Cape Town
11.4 Office Bearer: Malcolm Hyland
11.5 Telephone Number: 021 001 8511
11.6 Official Email address: email@example.com
TWISP (PROPRIETARY) LIMITED 2017 © - ALL RIGHTS RESERVED
1.1 The “Promoter” is Twisp (Proprietary) Limited of Unit 19 Frazzitta Business Park, Freedom Way, Milnerton, Cape Town.
- “Disqualified participants” include:
1.2.1 All Promoter employees, all employees of participating sponsors or promoters and/or advertising agencies and their immediate families;
1.2.2 Any person under the age of 18 years; and
1.2.3 Any person that is not a South African citizen or holder of a valid temporary or permanent South African residency permit.
1.3 “Immediate family” includes spouses, grandparents, parents, children and grandchildren whether by marriage, past marriages, remarriage, adoption, co-habitation or any other family extension.
2.1 These competition rules (“the Rules”) apply to all the Promoter’s competitions (collectively “the Competition”) conducted by means of print press, radio, television, interactive media, telephone, internet, social networking platforms and smartphone applications.
2.2 The deadline or period for a competition is clearly stated on promotional and advertising material relating to the specific competition.
2.3 Rules and/or terms specific to a competition takes precedence in the event of inconsistency with the Rules.
2.4 Competitions are conducted independently of each other. You can therefore enter multiple Promotor competitions at one time.
2.5 Participation in a competition is unless specifically stated to the contrary limited to 1 (one) item/prize per person for the duration of the competition, irrespective of whether there are daily draws during the competition.
2.5 Entry into a competition is deemed to be acceptance of the Rules and confirmation that the participant has the necessary authority to enter the competition.
2.6 Disqualified persons may not participate in/enter the Competition and will not be entitled to a refund or return of Goods purchased based on this disqualification provision.
2.7 The Promoter reserves the right to, on reasonable grounds, exclude any person from participating in the Competition and reserves the right not to award any prize to a participant who the Promoter, in his sole discretion, decides has violated the Rules, gained unfair advantage in participating in the Competition or won using fraudulent means.
2.8 By participating, participants grant the Promoter exclusive permission to use their names, characters, photographs, voices and likeness in connection with the Competition and for future promotions, competitions and marketing purposes and waive any claim to royalty, right or remuneration for such use.
2.9 Participants acknowledge and agree that the Promoter will automatically record the Participant’s personal details, inclusive of email address and mobile phone number. All personal details must therefore be correct, valid and up to date. The Participant acknowledges and consents that the Promoter may collect, store and use his/her personal information for communication and statistical purposes. The Promoter will not disclose any personal information collected by it to third parties unless compelled by law to do so, but may be entitled to reflect participant names and surnames for the purposes of announcing prize winners.
2.10 Unless stated to the contrary in specific rules or terms, the Promoter confirms that the Competition is not sponsored, endorsed, administered by or associated with any social networking site and the participant acknowledges and agrees that any information provided when participating in the Competition is provided to the Promoter and not to a social networking site.
2.11 Where the Competition involves sending of SMS messages or requires data connectivity by the participant, the cost thereof will be for the sole account and responsibility of the participant.
3. WINNING THE PRIZE
3.1 Only the participant who initially entered the Competition can be awarded the promotional item/prize (“the Winner”).
3.2 The Winner will be determined in the manner set out in the Competition Terms and Conditions – if not specified, then as determined by the Promoter who shall for this purpose be deemed the Judge.
3.3 The Judge’s determination of the Winner will be final and no correspondence will be entered into.
3.4 The Winner will be notified on the multi-media platform where he/she entered the Competition and may at the discretion of the Promoter be notified by email, phone (voice or sms), smartphone application or mail. The Winner may be required to be available for publicity related to the Competition as may be required by the Promoter. The Promoter may in addition also announce the Winner via printed press, postings on its social networking pages, smartphone application, social networking media and on its website.
3.5 No substitution, cash redemption or assignment of a promotional item/prize by the Winner is allowed. The Promoter, in its sole discretion, reserves the right to substitute promotional items/prizes with comparable or greater value. Where the promotional item/prize incorporates air travel, such air travel will be in economy class unless otherwise specified.
3.6 Promotional item/prizes will, subject to the below, be delivered to the Winner within 14 (fourteen) days from successful notification by the Promoter and communication by the Winner to the Promotor. It will; in instances where entry into the Competition does not require disclosure of personal contact information i.e. mobile phone number and/or email address, be the Winner’s sole responsibility to contact the Promotor within 60 (sixty) calendar days after notification of the prize winner is posted on the relevant social media platform, failing which the promotional item/prize will automatically be forfeited. In the event of a live-to-air Competition, only one failed attempt to contact the Winner will suffice before the Judge selects and announces another winner. No other family members, friends, office associates, colleagues or any other person will be able participate on the Winner’s behalf. Promotional items/prizes shall only be delivered to the Winner’s nominated address in South Africa.
3.7 Proper identification (identity document or passport) is required where the Winner is required to claim the promotional item/prize in person.
3.8 The Winner takes the promotional item/prize entirely at his/her own risk and indemnifies the Promoter; including its employees, trustees, agents, consultants or any of its representatives in respect of any claim for any accident, injury, property damage or loss of life that may be sustained or arise directly or indirectly pursuant to the Competition or about the promotional item/prize. This indemnity includes all claims based on publicity rights, defamation and/or invasion of privacy.
4. PROMOTER RESPONSIBILITY AND RIGHTS
4.1 The Promoter reserves the right to amend, vary, extend or discontinue the Competition at any stage in the event of any unforeseen circumstances outside their reasonable control; technical or other difficulties that might compromise its integrity.
4.2 The Promoter takes no responsibility for any participant’s inability to enter, complete, continue or conclude the Competition due to equipment or technical malfunction, internet connectivity, inadvertent disconnection, SMS messages, emails or social media platform messages with a misspelt keyword, sms messages to incorrect numbers, emails to incorrect email addresses, tweets to incorrect Twitter handle, messages to incorrect Instagram handles, Acts of God or otherwise.
4.3 For help or enquiries please email: firstname.lastname@example.org or call: 021 001 8511 Mondays to Fridays between 09:00 – 17:00, excluding South African Public Holidays.