Terms & Conditions

PRODUCT CATEGORIES

Welcome to iPools.co.za. iPools.co.za provides website features and products and services (hereinafter referred to “iPools.co.za “) to you when you visit or shop at iPools.co.za, use our products or services, use applications for mobile and tablet or use software provided by us in connection with any of the iPools.co.za.

iPools.co.za provides services subject to the following terms and conditions.

By using iPools.co.za, you agree to these Terms and Conditions, together with all other Terms and Conditions of our services. Please read them carefully.

We offer a wide range of products and services and sometimes additional terms and conditions may apply. When you use or purchase any of our products or services, including but not limited to Your Profile, Your Account, Gift and other Vouchers, Loyalty Programme, shipping or applications for mobile and tablet, you will also be subject to additional guidelines, terms, conditions and agreements. If these Terms and Conditions of Use are inconsistent with any of the aforementioned additional terms and conditions, these terms and conditions will control.

DEFINITIONS

“Terms and Conditions of Use” or “Agreement”means these terms and conditions together with all other Service Terms that may be applicable from time to time and all available on this site;

“Service Terms” means any Terms and Conditions and Guidelines relating to features and tools available to you on the site that are separate and additional to these Terms and Conditions of Use, including, but not limited to, Terms and Conditions of Returns and Refunds, Terms and Conditions of Shipment, Terms and Conditions of Referrals, Terms and Conditions of the Loyalty Programme and the Privacy Policy;

“Guidelines” means the guidelines issued by iPools.co.za from time to time governing the offering for sale and sale of any products and/or services on this site;

“Indemnified Party”means each of iPools.co.za, its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of iPools.co.za, and each of their respective officers, employees, contractors, consultants and agents from time to time;

“Intellectual Property Rights” means industrial and intellectual property whether protected by common law or under statute, including (but not limited to) copyright and neighbouring rights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), plant varieties, plant breeders, registered and unregistered trade marks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;

“Listings”means the offering for sale, placing of or creating of any type of product and/or service on this site;

“Site”or “Website”means the Internet website by which iPools.co.za offers products and/or services from time to time, currently www.ipools.co.za;

“User”or “Users”means any account holder or non-account holder who is otherwise using the site, whether or not to buy products and/or services;

“VAT” means any Value Added Tax, or other consumption tax, as applicable in the Republic of South Africa;

“Republic of South Africa” or “South Africa” or “South African” are used interchangeably and all mean the Republic of South Africa or its possessive form;

“We”, “us”, “our, “ourselves” and “ iPools.co.za“are used interchangeably in these Terms and Conditions of Use and all mean iPools.co.za;

“the iPools.co.za Experience” means the iPools.co.za website together with all its features, products and services, including, but not limited to, Your Profile, Your Account, Gift and other vouchers, the Loyalty Programme, shipping, specials and discounts that may apply from time to time, applications for mobile and tablet, Referral Program, wishlists, and all other tools that are available to you while using the site;

“You” or “Your” means you, whether as a purchaser of products and/or services from our site, account holder or someone who is otherwise using the site (whether or not to buy products and/or services), as the case may be, and your successors and permitted assigns; and

“Your information”includes all information you provide to us in using this site, including, without limitation, as applicable:

your registration details, including name, telephone number and address details;
your credit card details;
any and all feedback and comments made by you and about you pursuant to these Terms and Conditions of Use and any of the Service Terms applicable to this site;
the information about any products and/or services that you post on this site;
the information that we learn about you as a result of your use of this site, including without limitation, through the products and/or services you buy from this site

REGISTRATION ON OUR SITE

You agree and warrant that:

Your information is accurate and not false, misleading, deceptive or fraudulent; does not breach any Intellectual Property Rights of a third party; is made in compliance with all applicable laws, government regulations or guidelines of the Republic of South Africa and International law, is not forged, threatening or offensive or otherwise constitutes harassment; does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner; does not contan any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not; and will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
You have the legal capacity to purchase any goods or services thatiPools.co.za offers, and, will not otherwise be breaching any law in purchasing such goods or services; and you are able, and have sufficient, available capacity to pay for such goods or services;
The purchase of any goods and/or services on this site is absolutely at your own risk.
You are at least 18 (eighteen) years of age, have a valid South African indentity number and a South African bank account, and are of full legal capacity and thus capable of entering into this agreement and performing your obligations under these Terms and Conditions of Use; or if you are a juristic entity, that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell property; and entering into this agreement does not violate your Constitution; and you have the power and have taken all corporate and other action required to enter into this agreement and to authorise entering into this agreement and peforming your obligations under these Terms and Conditions of Use.
If you are under 18 (eighteen) years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the products and/or services of iPools.co.za, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse. To the extent that you utilize our services, we shall deem it that you were/are supervised by, and that you have obtained the consent of, your parent or legal guardian or curator or trustee. The onus to prove that you were not supervised or did obtain the requisite consent shall rest with you;
If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the ageement entered into between yourself and iPools.co.za;
We strictly reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should iPools.co.za, in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these Terms and Conditions of Use, without prejudice to any other rights that we may have at law;
By submitting the information on this website, the visitor, purchaser and/or account holder confirms that he/she submits own and correct information, and gives permission to iPools.co.za to process this information according to the Terms and Conditions of Use;
No user, who submitted their personal information, is allowed to object to further usage or processing of such information according to the Terms and Conditions of Use, and by accessing/reading the Terms and Conditions of Use of iPools.co.za and accepting these terms and conditions, and further submitting its personal information, any user of the iPools.co.za Experience gives to iPools.co.za unrestricted consent to hold or process such information the way iPools.co.za sees best for the user;
By reading/accessing the Terms and Conditions of Use on iPools.co.za, a user will be contacted by the means of telephone, sms and/or email, and by submitting such information, a user gives its full consent to such communication from iPools.co.za or on behalf of iPools.co.za. Users of iPools.co.za may not object to further communication, which may happen via the telephone, sms and/or email from iPools.co.za direclty or third parties, at the discretion of iPools.co.za. Users will be able to opt out from any such communication at any time;
iPools.co.za only accepts users who are willing to submit complete personal information (according to iPools.co.za forms) and have a genuine interest in shopping online;
you will not harrass, intimidate or threaten any of the iPools.co.za staff or any users of the iPools.co.za website in any way or form and failure to comply may, in our sole discretion, result in the cancellation or restriction of your iPools.co.za account.

PRIVACY

Please review our Privacy Policy, which also governs your use of iPools.co.za to understand our practices.

We agree to use your information only in accordance with the Privacy Policy on this site. If you do not agree with the terms of the Privacy Policy, please do not accept these terms and conditions.

ELECTRONIC COMMUNICATIONS

When you use any part(s) of iPools.co.za , purchase our products or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site or through other means within iPools.co.za.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through iPools.co.za, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of iPools.co.za or its content suppliers and protected by South African and international copyright laws.

The compilation of all content included in or made available through the iPools.co.za is the exclusive property of iPools.co.za and protected by South African and international copyright laws.

COPYRIGHT COMPLAINTS

iPools.co.za respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

TRADEMARKS

There is a non-exhaustive list of trademarks listed on our site. In addition, graphics, logos, page headers, button icons, scripts and service names included in or made available through the iPools.co.za Experience are trademarks or trade dress of iPools.co.za in the Republic of South Africa and other countries. iPools.co.za ‘s trademarks and trade dress (or variations thereof) may not be used in connection with any product or service that is not iPools.co.za ‘s, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits iPools.co.za. All other trademarks not owned by iPools.co.za that appear in any iPools.co.za service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by iPools.co.za.

PATENTS

One or more patents owned by iPools.co.za apply to the iPools.co.za Experience and to the features and services accessible via the iPools.co.za Experience. Portions of the iPools.co.za Experience operate under license of one or more patents.

LICENCE AND ACCESS

Subject to your compliance with these Terms and Conditions of Use and your payment of any applicable fees, iPools.co.za or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the iPools.co.za Experience. This license does not include any resale or commercial use of any part of the iPools.co.za Experience, or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of any of the iPools.co.za Experience or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions of Use or any Service Terms are reserved and retained by iPools.co.za or its licensors, suppliers, rightsholders, or other content providers. No iPools.co.za service nor any part of the iPools.co.za Experience may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of iPools.co.za. You may not frame or utilize framing techniques to enclose any trademark logo, or other proprietary information (including images, text, page layout, or form) of iPools.co.za without express written consent. You may not use any meta tags or any other “hidden text” utilizing iPools.co.za ‘s name or trademarks without the express written consent of iPools.co.za. You may not misuse the iPools.co.za Experience. You may use the iPools.co.za Experience only as permitted by law. The licenses granted by iPools.co.za terminate if you do not comply with these Terms and Conditions of Use or any Service Terms applicable to any service within the iPools.co.za Experience.

YOUR ACCOUNT

If you use any part of the iPools.co.za Experience, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. iPools.co.za does not sell products for children, but if any products are bought for use by children, they are sold to adults who can purchase with a credit card or other permitted payment method. If you are under 18 (eighteen) years of age, you may use any part of the iPools.co.za Experience only with involvement of a parent or guardian. iPools.co.za reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

USE OF THIS SITE

In using this site, you must not:

illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
engage in any practice or conduct that is unlawful under any laws applicable to you;
copy, modify, or distribute rights or content from our sites, services or tools or iPools.co.za copyrights and trademarks;
harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on iPools.co.za without the express permission of iPools.co.za;

Any links or references (direct or indirect) to other web sites on this site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those web sites, or the products and services contained on those web sites.

You may only use this site to browse the content and/or make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase.

This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Deep-linking, embedding or using analogous technology is strictly prohibited.

Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

The information and material contained on this site has been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this site complies with the laws (including any intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.

REVIEWS, RATINGS, COMMENTS, COMMUNICATIONS AND FEEDBACK

From time to time, we may make it possible for you to post ratings, reviews, comments, photos, feedback and other content, send gifts, suggestions and other cummunications; and submit suggestions, ideas, comments, questions or other information on or through the site. You agree to the following conditions when you post any statements on the site or through the site:

You are only permitted to rate, comment on or provide feedback on a product and/or service if you have bought and/or made use of it;
Statements and content cannot be edited once submitted. Therefore please be cautious when adding or sending statements and content as you are unable to edit it once you have submitted it. You could also be held liable for damages if legal proceedings are taken against you for your statements or content;
You may not abuse the rating, comments and feedback system. Abuse of the system includes, but is not limited to, threatening, abusive, racially vilifying, discriminatory or profane language or statements that are untrue, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise objectionable or injurious to third parties.
Statements and content must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”;
You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content.

We would like to promote and preserve free speech and therefore will remove feedback only in exceptional circumstances. iPools.co.za reserves the right to delete any rating, comment or feedback at its sole discretion upon an investigation into the rating (although we are not obliged to do so). iPools.co.za does not regularly review posted content. If you have evidence of any abuse of the rating, comments and feedback system, please contact us on sales@ipools.co.za and we will investigate the matter. Please note that this investigation may take several weeks.

Circumstances where iPools.co.za may delete a rating, comment or feedback include, but are not limited to:

if the rating, comment or feedback contains any links to other pages or images or contains information not related to interacting on the site in accordance with the criteria;
if the rating, comment or feedback contains adult material or profane, abusive, racially vilifying, discriminatory or threatening language;
if we are required by law to do so.

If you believe a statement made is untrue, misleading or deceptive or defamatory (“Questionable Statement”), please contact us at sales@ipools.co.za and we will conduct an investigation. As a result of an investigation, we may (although we are not obliged to) remove the Questionable Statement. Whether or not we conduct an investigation, and irrespective of whether we remove the Questionable Statement, and even if we do not conduct an investigation, because you do not contact us or for any other reason, you hereby release us and forego any rights you have had against us in relation to the Questionable Statement and agree that you will not make any claims or demands, or take any action, issue or maintain any proceedings or suits against us in relation to the Questionable Statement or otherwise, in connection with this site, or your use of this site.

The decision to hold an inquiry or not is entirely within our discretion and we will not be obliged in any way to entertain any representations in this regard.

If you do post content or submit material, and unless we indicate otherwise, you grant iPools.co.za a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant iPools.co.za and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify iPools.co.za for all claims resulting from all and any content you supply. iPools.co.za has the right, but not the obligation, to monitor and edit or remove any activity or content. iPools.co.za takes no responsibility and assumes no liability for any content posted by you or any third party.

OUR RIGHTS

We may at any time modify or withdraw, temporarily or permanently, the website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or

We may change these Terms and Conditions of Use from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsilbity to check regularly to determine whether the Terms and Conditions of Use have been changed. If you do not agree to any change to the Terms and Conditions of Use, then you must immediately stop using the iPools.co.za website; and/or

We will use our reasonable endeavours to maintain the website. The website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control.

YOUR RIGHTS

When you shop at iPools.co.za, you’ll be one of thousands of customers who have safely shopped with us without credit card fraud.
Our Personal Notification Services, such as alerts, emails and/or sms’s are provided free of charge and you are under no obligation to buy anything.
You can unsubscribe or change your subscription to any of our services at any time.
As a customer, account holder, subscriber or guest, you will occasionally receive email updates about important functionality changes to the site, new services and special offers we think you’ll find valuable. If you would rather not receive them, you can unsubscribe at any time.

RISK OF LOSS

All items purchased from iPools.co.za are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

iPools.co.za does not take title to returned items until the item(s) arrive(s) back at our premises. At our discretion, a refund may be issued without requiring a return. In this situation, iPools.co.za does not take title to the refunded item. For more information about our returns and refunds, please see our Terms and Conditions of Returns and Refunds.

Should you choose to return goods with a carrier that does not offer a tracking facility and the goods are lost, then no refund or return will be considered.

PRODUCT DESCRIPTIONS

iPools.co.za attempts to be as accurate as possible. However, iPools.co.za does not warrant that product descriptions or other content of any part of the iPools.co.za Experience is accurate, complete, reliable, current or error-free. If a producted offered by iPools.co.za itself is not as described, your sole remedy is to return it in an unused condition.

PRICING

Except where noted otherwise,the List Price or Suggested Price displayed for products on any part of the iPools.co.za Experience represents the full retail price listed on the product itself, including VAT, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a pack, the List price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the pack. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.

Prices are charged at the time you place your order and are not influenced by specials or discounts that may have previously been, or may in the future be, available. iPools.co.za reserve the right to change pricing at any time without prior notice.

With respect to items sold by the iPools.co.za Experience , we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by the iPools.co.za Experience is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

In some circumstances there may be a surcharge for handling dangerous goods. The surcharge is dependant on numerous factors and therefore cannot be predetermined. The customer will be contacted and made aware of these surcharges before the order is confirmed or despatched.

Due to the popularity of some products and/or services, iPools.co.za may not always have a product and/or service requested or required by you in stock. iPools.co.za cannot accept orders for out of stock products and/or services. If the products and/or services required or requested by you are not available, or only a portion is availabe, you may cancel the order or send an email to sales@ipools.co.za, requesting that we advise you when the product becomes available. Please note that iPools.co.za cannot be held responsible for the stock levels of its suppliers.

FEES

Registering an account, buying products and/or services or interacting on this site do not attract extra fees apart from the cost of the products and/or services and the shipment thereof to you;
We may choose, in our sole discretion, to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith.
We may choose, in our sole discretion, to change our fee structure, billing and credit rules from time to time, for promotional events and such changes are effective for the dates specified when we post such a promotion on this site;
We reserve the right, in our sole discretion, to alter or remove any products and/or services or withdraw any products and/or services offered. In the event that we introduce a new product and/or service, any fees for that product and/or service will take effect from the launch of that product and/or service, unless otherwise stated;
Unless otherwise stated, all fees and prices are quoted in South African Rands and are inclusive of VAT;
Users are given the right to purchase products and/or items on this site by paying the relevant fees and/or prices. This does not involve purchasing the rights to the actual web pages, which remain the property of iPools.co.za.

PROVISION OF SERVICES AND/OR PRODUCTS

We will provide you with services and/or products in accordance with these and all other Terms and Conditions listed on our site;
We will provide you with a username and password in order to login, as required;
We reserve the right to alter or vary your preferred username and passord at any time and will notify you of any such alteration (by email, where possible);
You agree to provide all necessary equipment, network connections and software to access this site;
You agree that iPools.co.za may restrict and/or terminate its services to you at any point in time if iPools.co.za, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.

CREATING AN ORDER

Orders can only be created through the use of our Website. No orders by telephone, email, SMS, fax or any other medium will be accepted. Please note that our staff may guide you through the process of placing an order, but are unable to place the order on your behalf.

The steps required in creating the purchase contract between you and iPools.co.za are as follows:

You will be guided through the process of booking a delivery/collection slot and filling your shopping cart though a series of simple steps on our Website;
The final step in placing your order will be by confirming the accuracy of your cart and the price to be charged to your chosen payment method(s). You order is confirmed on completion of the check-out process;
We will send to you an order acknowledgement email detailing the products you have ordered and any associated delivery or collection information.

Unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions given, our acceptance of an order takes place on receipt of your payment, at which point the purchase contract will be made.

Non-acceptance of an order may be as a result of one of the following, but not limited to:

The product you ordered is not available from stock;
We are unable to obtain authorisation for your payment;
A price or product description error is identified;
You do not meet the eligibility to order criteria set out in the Terms and Conditions of Use.

Please note:

The contract will be concluded in English.
All offers are subject to availability and while stocks last.
Only items indicated as available on our Website can be purchased.

Please note that iPools.co.za cannot be held responsible for orders placed incorrectly on our Websites, even if the error was in good faith. Should an order error be discovered during the delivery process, any items not wanted may be returned in accordance with our Terms and Conditions of Returns and Refunds and a store credit will be passed. Please note that the cost of shipment for the return of these goods will be for your account. iPools.co.za will not be responsible for delivering the originally intended item unless as part of a new delivery and/or subject to a further delivery charge.

Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.

Goods discovered to be damaged or unwanted subsequent to the delivery process may still be returned subject to acceptance by iPools.co.za and in accordance with our Terms and Conditions of Returns and Refunds.

Minimum or maximum order restrictions

Too iPools.co.za reserves the right to introduce a minimum spend requirement in order to be eligible for delivery. Excluded products and supplementary charges, such as delivery, shall not count towards a minimum spending requirement.

There is currently no maximum order restriction; however iPools.co.za reserves the right to limit quantities at any time and without prior notification. In order to provide a high quality of service, orders above a threshold in terms of quantity and/or value will be restricted in terms of delivery slot availability. Typically, but not limited to, this restriction will be to provide iPools.co.za a longer lead time to prepare the order for delivery or collection. iPools.co.za reserves the right to alter the nature or terms of this restriction and/or threshold at any point and without prior notification.

GENERAL PAYMENT PROVISIONS

iPools.co.za is authorised to debit the total amount payable for the goods ordered against the authorised payment type supplied by you when completing your order. By submitting your order and associated payment details you warrant that you are authorised to make payment with the card (or other tender type) and that there are sufficient funds available to pay for the order.

Any of the following Credit Cards may be used to pay for your online shopping purchases: Visa, American Express and Mastercard. If you do not have one of these credit cards, please utilise one of the other payment options that may be available from time to time, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online in the “Your Account” section, available for use when you’re ready.

For more information about how to order, special order requirements and other payment options, please email sales@ipools.co.za .

For the record, iPools.co.za securely stores limited payment information for fraud verification purposes. Your credit card details are encrypted and transmitted directly to our secure payment gateway which is provided by Virtual Card Services (VCS).

You may also pay in part or full with iPools.co.za vouchers and/or loyalty points that have been awarded to you.

Payment will be processed at confirmation of your cart contents and check-out and goods are dispatched on the working day after payment confirmation has been received by us, or on such future date that you may have specified..

You are entitled to cancel a payment where fraudulent use of your payment card has been made by another person not acting on your behalf and you agree that the onus of proof that the payment was not made by you or a person acting on your behalf is on you.

If you have booked a iPools.co.za order for collection, you are still required to provide your payment details on the Website and payment will still be processed at confirmation of your cart contents and check-out.

If you are paying for an order in its entirety with a voucher and the vourcher does not cover the total amount due at the time payment is required – the order will be suspended and you will be contacted to make an alternative payment. This may result in your original chosen delivery slot no longer being available – iPools.co.za will accept no liability as a result and all Terms and Conditions will apply as per the original order, irrespective of a new delivery slot being agreed.

Should you opt to use both a Credit Card and a iPools.co.za voucher for payment, then any shortfall on your iPools.co.za voucher will automatically be added to your Credit Card charge.

Sufficient funds and expiry date on payment card

It is your responsibility to ensure that the expiry date of your payment card is after the requested dispatch date of your order – and that your payment card has sufficient funds to cover the purchase. Payment is taken at the point of check-out of your cart and in the event that the payment card has expired, or there are insufficient funds, we will be unable to take payment and fulfil your order.

In the event of a failed payment:

This clause applies to failed payments for credit card and voucher purchases.

Should your payment fail, for any reason, you will be contacted by the iPools.co.za Customer Service Centre and notified of the failure. You accept that we will need to cancel your order as a result, including the delivery slot, and you will need to re-book your delivery slot and resubmit your online order (with valid payment information).

It is your responsibility to provide valid payment details and ensure that sufficient funds are available. As a reminder, payment will always be taken at the time of check-out of your cart – which is when the funds must be available. We accept no liability or responsibility for any losses whatsoever, as a consequential result of a failed payment and subsequent order cancellation or delay.

In order to protect your personal data and to ensure our PCI compliance, our Customer Service Centre agents are not allowed to accept alternative payment details via telephone (or any other medium). They may only resubmit an order that was initially blocked due to insufficient funds but where funds have subsequently been made available. This is for your protection and to ensure our service maintains the highest standards of security.

We may request you to provide your valid and current credit card details to us at any time, whether before or after a purchase of any goods or services, or at any time whatsoever. If you fail to provide such details, we may prevent you from purchasing any goods or services or using any part of the iPools.co.za Experience unless and until you provide such details to us.

PAYMENT SECURITY POLICY

We are a company that our customers trust. We understand your concerns with security and your peace of mind and safety are of the utmost importance to us.

As a result, we have developed highly secure online ordering facilities. This is specifically intended to give you confidence when you use your Credit Card or iPools.co.za voucher to shop with us, but also when you entrust us with your personal details like addresses and phone numbers.

We comply with all the necessary compliance regulations in effect and as such have partnered with one of the leading experts in the field of secure payments when it comes to the protection of our customers data.

Credit card safety

iPools.co.za have partnered with Virtual Card Services (VCS) who are trusted experts in the field of secure online payments. The payment screens that you see on our site (with the exception of third party sites who provide their own payment gateways for which we accept no liability) are presented directly from VCS to ensure complete confidentiality in the transaction. VCS uses 128 bit Secure Sockets Layer (SSL) to encrypt your details as they are being transmitted across the internet. This prevents anyone from eavesdropping on your shopping session and keeps your card and personal details private. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obain confidential information.

VCS is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. VCS Internet servers are protected by firewalls and intrusion detection systems.

iPools.co.za does not have access to credit card or any other payment details.

VCS continually reviews and enhances its security in line with technological changes.

VCS have the right, but not obligation, to monitor any activity and content associated with the iPools.co.za site. VCS may investigate any reported violation of these and/or any other Terms and Conditions or complaints and take any action that they deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the site).

VCS allows you the option to securely store your card details with them, so that you can order from us again without needing to capture your credit card details again – this allows for an exceptionally fast checkout process. Your credit card details are never physically stored or made known to iPools.co.za during your online transaction. VCS returns a successful or failed transaction message to us, along with the last 4 digits of the credit card used in the transaction. This information is only made known to you in order to provide another layer of security around use of your credit card.

If you do not wish to store your card details with VCS, you can simply enter your details each time you place an order.

Your payment details are held by VCS in a secure encrypted server which is not accessible from the Internet. Access to this data is also secured internally from iPools.co.za and all card numbers are encrypted using a highly secure system that financial and banking institutions rely on, called Triple DES (Data Encryption Standard). This is widely acknowledged as being an extremely secure way to hide these details from prying eyes.

Once your order is processed, the payment details associated with your order are removed from VCS files unless you opt for the convenient and secure card storage service.

CALCULATING DISCOUNTS

Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage. Supplementary charges, such as delivery, shall not be discounted unless specifically stated in the offer description.

SOFTWARE TERMS

In addition to these Terms and Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the iPools.co.za Experience.

DEFINITIONS

USER TRAFFIC AND ITS CONTENT

While we will always endeavour to maintain ongoing access, and, prevent and correct disruptions and failures on this site, we cannot and do not exercise control over the data, files and other information passing through our computer systems and network resources. Therefore you agree that you:

are responsible for the flow and storage of your information through our computer systems and network resources;
take full responsiblity for data, files and other information you own, send, or receive and ensure that at all times you maintain adequate backup copies, as appropriate;
must not engage in mass postings of messages, either through email or onto newsgroups, or engage in any harassment, “electronic stalking” or “spam”;
must respect and abide by the conventions and rules governing the use of newsgroups, lists, discussion forums (such as ICQ and internet relay chat or similar channels), and networks, and must not post messages or otherwise communicate inappropriately, or send unsolicited messages (commercial or otherwise); and
accept that certain content on this site, despite any steps we may take, may contain material that you may find inappropriate, offensive, inflammatory, or adult in nature and further accept that we do not endorse such materials and disclaim any and all liability for their contents.

We cannot and do not know whether you have given access to your iPools.co.za account to other people. You are therefore totally responsible for:

when and how your account with us is used; and
the actions of the people (if any) you allow to access, or transmit information through this site, our computer systems and network resources or otherwise utilise the products and/or services (whether or not you have given them your login and/or password details).

COMMERCIAL USES OF OUR SERVICES

We cannot and do not take any responsibility for any commercial enterprises you may conduct as the proprietor of any goods or services that you may from time to time have chosen to sell or buy in reliance on this site, our computer systems, network resources or the products and/or services as part of a business or profit-making activity. Specifically:

if you, or those whom you permit to use your account, choose to rely upon this site, our computer systems, network resources or the products and/or services in any manner to support a business or other profit-making activity, you do so at your own risk absolutely; and
advertising, credit card payment channels, direct-debit facilities, and electronic registration forms are all examples of commercial uses of the products and/or services where you must bear the risk absolutely.

The services on this site are provided to you personally and you must never resell, trade, or barter your rights to use the services to another person or persons, nor permit any third party to use the services.

RELYING ON OUR PRODUCTS AND/OR SERVICES

Whether you are using the products and/or services for private or commercial purposes, or both, the quality and continuity of our products and/or services depends on many factors over which we have no control and cannot seek to control. While we will always endeavour to maintain ongoing access, disruptions and failures of this site, any or all computer systems, network resources and the products and/or service, are probable in such an operating environment. Recognising this, you agree that we cannot and do not guarantee, warrant or otherwise imply that you will receive constant and uninterrupted access to this site or the products and/or service; or that you will receive unlimited access to all of the content available on the site at any given time.

We cannot always ensure that this site, its computer systems and network resources will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected.

OTHER BUSINESSES

Parties other than iPools.co.za may from time to time operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses and individuals. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. iPools.co.za does not assume responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The iPools.co.za Experience and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the iPools.co.za site are provided by iPools.co.za on an “as is” and “as available” basis, unless otherwise specified in writing. iPools.co.za makes no representations or warranties of any kind, express or implied, as to the operation of the iPools.co.za Experience, the information, content, materials, products (including software) or other services included on or otherwise made available to you through the iPools.co.za Experience, unless otherwise specified in writing. You expressly agree that your use of the iPools.co.za Experience is at your sole risk.

To the full extent permissable by applicable law, iPools.co.za disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for aparticular purpose and/or non-infringement. iPools.co.za does not warrant that the iPools.co.za Experience, information, content, materials, products (including software) or other services included on or otherwise made available to you through the iPools.co.za Experience, iPools.co.za servers, or electronic communications sent from iPools.co.za are free of viruses or other harmful components. iPools.co.za will not be liable for any damages of any kind arising from the use of any part of the iPools.co.za Experience, from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any part of the iPools.co.za Experience, including, but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing.

Notwithstanding, and in addition to any other provision in these Terms and Conditions of Use, you agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access the iPools.co.za site, the services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the the following:

a failure, or error in the operation, of all or any part of the iPools.co.za site, its computer systems, network resources, the services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;
any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to the iPools.co.za site or network resources or any other computer systems or network resources to which they may be connected by any person;
in relation to the sale of products or services on the iPools.co.za site, that orders and/or sales were not processed or accepted due to technical difficulties or for any reason whatsoever;
whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;
any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;
any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on the iPools.co.za site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;
any reliance on the information and material contained on the iPools.co.za site about any goods and/or services or any other information or material whatsoever, or any information and material contained on, and the privacy of, web sites linked to the iPools.co.za site;
any action taken by us under these Terms and Conditions of Use or any other Service Terms;
any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our employees, agents or authorised representatives;
any decision to hold an inquiry or not hold an inquiry into an alleged breach on the part of one of the users.

If any legislation or law implies in these Terms and Conditions of Use any term or warranty and also prohibits provisions in a contract excluding the application of or exercise of that term or warranty, then, to the maximum extent permitted by law, our liability for a breach of such a term or warranty will be limited, at our option to any one or more of the following:

the replacement of the goods or the supply of equivalent goods; or
the repair of such goods; or
a store credit to the value of the goods.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

RELEASE AND INDEMNITY

Notwithstanding, and in addition to any other provision in these Terms and Conditions of Use, to the maximum extent permitted by law, you agree to release from, and indemnify, each indemnified party, against any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of:

your use of the iPools.co.za Experience;
your order or purchase of any goods or services as a result of using the the iPools.co.za Experience;
the reproduction, broadcast, transmission communication or making available of any information or material (including credit card details) by us or any users (other than you) made available by use of the iPools.co.za Experience;
any one or more of the circumstances described under the Disclaimer of Warranties and Limitation of Liability above;
any alleged breach of a person’s rights (including, but not limited to, defamation or misleading or deceptive conduct) by a communication, broadcast or transmission made available by means of the iPools.co.za Experience; or
any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the iPools.co.za Experience in accordance with these Terms and Conditions of Use.

The above indemnity does not extend to expenses incurred by us that are unreasonable, or losses occasioned by us as a result of these Terms and Conditions of Use proving not to be profitable to us.

DISPUTES

You and iPools.co.za must follow the procedure for resolving any dispute in connection with or arising out of any transactions, communications or other activities between you and iPools.co.za, in accordance with these Terms and Conditions of Use before starting any proceedings (except proceedings seeking urgent interlocutory relief).

The procedure for resolving a dispute is as follows:

First, either you or iPools.co.za may give notice to the other about the nature of the dispute (“Notice”) and you and iPools.co.za will seek to negotiate a settlement within 14 (fourteen) working days of receipt of the Notice. iPools.co.za will send such notice to the address(es), email address(es) and fax number(s) supplied by you in your account details. You shall send such notice to iPools.co.za via post to Sunny Park Office Block Unit 01, Sugarfarm Trail, Sunningdale, 4051 and/or via email to sales@ipools.co.za;
Second, to the extent those negotiations fail, you and iPools.co.za will seek, within a further 2 (two) working days, to reach agreement on the appointment of a mediator for resolving the dispute, and failing any such agreement, the mediator shall be appointed by AFSA Secretariate (Arbitration Foundation of Southern Africa) and, the mediation shall be conducted in accordance with the AFSA Administered Mediation Rules; and
Failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rule of the Arbitration Foundation of Southern Africa by an arbitrator(s) appointed by the Foundation.

You shall be liable for all costs incurred by us in the enforcement of any rights which we have in terms of these Terms and Conditions of Use or in the recovery of any monies due to us, including collection charges and costs on an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or, if judgement has been granted, in connection with the satisfacton or enforcement of such judgement against you.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

GENERAL TERMS AND CONDITIONS

iPools.co.za have sole and absolute discretion to change these Terms and Conditions of Use at any time. If we do so, we will post details of any changes on this site that will be effective forthwith. By accepting these Terms and Conditions of Use, you also agree to accept and be bound by any changes made by us. In any event, your continued use of the iPools.co.za Experience after any changes to the Terms and Conditions of Use have taken effect will be deemed to be your acceptance of those changes.

You agree to promptly inform us of any breach by you of the Terms and Conditions of Use and of any conduct of another user that you think may be in breach of these Terms and Conditions of Use, whether the conduct has ceased, is continuing, or may occur in the future. You agree that we may, and will, monitor your conduct if we believe that you are not complying with these Terms and Conditions of Use. If we do, then we will respect your confidentiality, unless doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation; the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any document we possess; or we consider it necessary or desirable to make disclosures to preserve or enforce our interests and/or rights.

If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of these Terms and Conditions of Use, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).

If you infringe or are suspected of infringing the Intellectual Property rights of any other person; are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this site or any other web site; or have an overdue payment on your iPools.co.za account; or otherwise breach these Terms and Conditions of Use, we may, in our absolute discretion, withhold from you, your use of any or all of the iPools.co.za Experience, and access to your information; delete or remove, without incurring any liability to you, any or all of your information and block income and outgoing data or message transfer; restore the the iPools.co.za Experience if and when you can demonstrate clear and complete adherence to the Terms and Conditions of Use on a permanent basis; and terminate any agreement that we have entered into with you, and cancel our obligations to provide the iPools.co.za Experience, if we are not satisfied that you will clearly and completely adhere to the terms of these Terms and Conditions of Use, on a permanent and consistent basis, if the iPools.co.za Experience is restored to you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

CONTACTING US

If you have any questions about this these Terms and Conditions of use or any other Service Terms including the Privacy Policy, the practices of this site, or your dealings with us, you can contact us on sales@ipools.co.za.

SITE POLICIES, MODIFICATION AND SEVERABILITY

Please review all our other terms and conditions, guidelines and policies posted on this site. These policies also govern your use of iPools.co.za. We reserve the right to make changes to our site, policies, service terms, guidelines and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

REMEDIES CUMULATIVE

All rights and remedies provided in this agreement are cumulative and are not exclusive of any rights or remedies provided by law. A notice dealing with amendments or variations or updates of this agreement will be posted on our website. It is your duty and responsibility to familiarize and understand the amendments or variations or updates. By continuing to use our services, you are deemed to have accepted the amendment, variation or update as binding on you.

RELATIONSHIP OF PARTIES

Nothing in this agreement shall be deemed to constitute any party as the agent, partner or joint venturer of another party.

FURTHER ASSURANCES

A party shall take all such steps, execute all such documents and do all such acts and things as may be reasonably required by another party to give effect to any of the transactions contemplated by these Terms and Conditions of Use.

NON-WAIVER

Other than as otherwise specified in these Terms and Conditions of Use, neither the failure of a party to enforce at any time any of the provisions of these Terms and Conditions of Use nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.

GOVERNING LAW

This agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non-exclusive jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this agreement.

With reference to the above, the parties submit to the jurisdiction of the Magistrates Court of South Africa, Durban, and the parties submit to the jurisdiction of the Magistrate’s Court or the Regional Court, irrespective of whether the amount claimed by us exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court or Regional Court.

NOTICES

You choose your domicilium citandi et executandi (“domicilium”) for the purposes of giving any notice serving any legal process and for any other purpose arising from this agreement at your address(es), fax number(s) and email address(es) as set out in your application for registration on this site, or as changed on your account from time to time. Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post, facsimile or email to the relevant party to this agreement at its respective address as specified on the application for registration on this site, and in the case of iPools.co.za, Sunny Park Office Block Unit 01, Sugarfarm Trail, Sunningdale, 4051, Kwazulu Natal, South Africa and/or via email to sales@ipools.co.za, and in the case of mail, will be deemed to have been served 3 (three) business days after posting. In the case of a facsimile, it will be deemed to have been served on receipt of a successful transmission notice and in the case of email, it will be deemed to have been served if no return email stating that the email cannot be delivered is received. If a notice is served by hand and proof thereof is made available, the notice will then be deemed to be delivered on the actual date and at the actual time of delivery.

WHOLE AGREEMENT

Subject to you agreeing to all other Terms of Service as may apply from time to time while using different parts of the iPools.co.za Experience, this agreement, together with all other Terms of Service available on this site, constitutes the entire agreement between you and iPools.co.za

Unless the context indicates otherwise, this agreement incorporates all other agreements between the parties. Should there be any conflict between any other agreement and this agreement, the provisions of this agreement shall prevail.