1.1 MYTOWN247 trading as Mytown247.comadheres to the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPI) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA) including all amendments and regulations thereto. Mytown247.com provides an online web platform for the sale and supply of goods to customers.
- USE OF THE WEBSITE AND ONLINE PLATFORM
2.1 Your use, access and interaction with this website or online platform is subject to and governed by the terms and conditions set out below. Should you not agree to any of the terms contained below, you are to immediately cease using the website or online platform. Your continued usage constitutes acceptance of all the terms and conditions set out below.
- DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context otherwise requires, the following definitions shall apply:
“Agreement” means this agreement between Mytown247 and the Consumer or Retailer subject to the terms and conditions set out below
“Business Day” means any day (other than Saturday or Sunday) on which clearing banks are open for business in South Africa.
“Consumer” means a Consumer in terms of the Consumer Protection Act 68 of 2008.
“The Consumer Protection Act” means the Consumer Protection Act 68 of 2008 (the “CPA”)
“The Protection of Personal Information Act of 2013” means the Protection of Personal Information Act of 2013 (the “POPI”)
“Shopping Cart” means any and all goods selected by the Consumer or Retailer or User which once selected form part of the User’s order. The shopping cart serves merely as an online item placeholder for goods prior to the transaction being finalized. Mytown247 reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 60mins only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and Mytown247 cannot guarantee the availability of items in the user’s shopping cart.
“Checking Out/Check Out” means any and all goods selected by the Consumer or Retailer which are then confirmed and accepted by User in completion of the transaction.
“Contract” means the completion of an order and commencement of a legally binding agreement between Mytown247 and the Consumer or Retailer.
“Order” means a purchase completed or submitted by means of Mytown247 Website or Online Platform.
“You/Your” means the Consumer, Retailer or User of the Mytown247 Website or Online Platform including both Consumers and Retailers.
“User” means any natural person who makes use of, transacts on, contracts with, or makes use of the Mytown247 Website or Online Platform including both Consumers and Retailers.
“Website or Online Platform” means the Mytown247.com Website and Online Platform, including its Official Social Media Accounts, Mobile Websites and Mobile Applications.
Where the context permits, words denoting:
(a) persons shall include bodies corporate and unincorporated associations of persons;
(b) the singular includes the plural and vice versa; and
(c) one gender shall include any gender.
All headings are for ease of use and reference only and shall not affect the interpretation or construction of these terms and conditions in any way.
- FORMATION OF A LEGALLY BINDING CONTRACT
4.1 Mytown247 offers goods or services by means of its Website and Online Platform, which may be purchased by Consumers or Retailers via electronic or other transaction methods. Upon registering on Mytown247 Website or Online Platform, the Consumer or Retailer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale. The sale shall be completed and in effect once the Consumer or Retailer has completed and submitted an electronic order via the Website or Online Platform and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing and payable including any applicable taxes and delivery charges. The Consumer, Retailer or User of the Website or Online Platform warrants, by use and continued use of Mytown247services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with Mytown247.com.
- ACCEPTED PAYMENT METHODS
5.1 Mytown247 reserves the right to obtain validation of the User’s payment details before delivery of the Goods. Once payment has been made for an order, the Order remains valid as an offer until Mytown247 issues a Confirmation of Order or a notice revoking the Order as the case may be. All goods shall remain the sole property of Mytown247 until payment has been effected in full by the User. Once payment has been effected a valid sale shall have been concluded encompassing an offer by Mytown247 and acceptance by the User. Mytown247 is not responsible for the use of the customer’s debit and credit cards. Mytown247 offers the following methods of payment in completion of your transaction:
5.2.1 Pay Fast Instant EFT Payment Method
5.2.2 Pay Fast is an external Instant EFT payment portal option available to all customers. Where a customer elects to make use of Pay Fast as a method of payment, he/she understands and accepts that the onus on full payment remains at all times with the customer. Any payment shortfalls or additional charges shall be for that customer’s account.
1) Select the Bank – That they have an internet banking profile with
2) Login Using their Internet Banking Profile and select an account to pay from – All personal data remains private
3) Verification with a One Time Pin (OTP), in-App approval or USSD – Bank dependent
4) Payment complete
- Misuse or Abuse
Mytown247 reserves the right, at the sole and exclusive discretion of management to:
1) Limit or restrict all access to users of the Mytown247 website, social media pages, mobile app or mobile platforms.
2) Suspend or ban users from accessing its website, social media pages, mobile app or mobile platforms.
3) Delete or remove any comments, statements or posts by users which may have the effect of bring Mytown247, its brand, company, staff or directors into disrepute.
4) Record, including by way of recording or screen captures any posts which may be defamatory, slanderous or which may otherwise have legal implications for users.
5) Take any other action which has the effect of mitigating or limiting reputational damages or defamatory conduct.
- LIMITATION OF LIABILITY
13.1 Unless otherwise provided in any further written agreement, Mytown247 shall not be liable to Consumers, Retailers or Users for any indirect, consequential, special, incidental or punitive damages which may arise out of the use of Mytown247 Website or Online Platform or the supply or resale of any goods or services.
- INFORMATION AND DATA PROTECTION – POPI
8.1 In this clause the terms “data subject” and “process” have the meanings given to them in the Protection of Personal Information Act of 2013 (POPI). Each party warrants to the other that, in relation to this Agreement, it shall comply strictly with all requirements of POPI. Mytown247 shall ensure that all information collected from Consumers, Retailers and Users shall be collected for the specific purposes of interacting, transacting and conducting business, including information obtained for the purposes of marketing and advertising. Mytown247 warrants that it has appropriate technical and organizational measures in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to Personal Data processed in connection with this Agreement. Mytown247 will co-operate with and assist any Consumer, Retailer or User at no charge in allowing data subjects to exercise their rights under The Protection of Personal Information Act of 2013 and will comply with any reasonable request made by Consumers, Retailers or Users to ensure compliance with the measures mentioned in the Act. The Consumer, Retailer or User warrants that it will notify Mytown247 immediately of any correspondence it may receive from any local data protection regulator and any successor or replacement body relating to Personal Data or any complaint from an individual about the processing of Personal Data in connection with this Agreement.
8.2 If Mytown247 becomes aware of the loss or compromise of, or any damage to, any Personal Data which it is processing in connection with this Agreement it will:
- a) immediately notify the Consumer, Retailer or User of the details of the incident and
- b) promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to the Consumer, Retailer or User;
9.2 This Agreement shall be governed by and construed in all respects in accordance with South African law and the Courts of the Republic of South Africa shall have exclusive jurisdiction. If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected;
- ONLINE ONLY STORE
Mytown247 is a strictly online-only store with its domicilium displayed for notices and legal processes only. Customers may not visit the Mytown247 address for collections or queries. Queries will have to be addressed via its online and social media platforms only.
- ADDRESS FOR NOTICES
Mytown247 chooses the following address for the receipt of notices, processes, documentation and communications. Should any communications not be directed to the addresses below, Mytown247 reserves the right to deem such notices, processes or communications as undelivered and incorrectly served.
Enquiries to: email@example.com