Terms of Service
OWNERSHIP and OVERWIEW
www.burtsway.co.za is owned by BURTSWAY Pty (Ltd) Registration Number 2021/526152/07 (hereinafter referred to as “Burtsway").
Throughout the site, the terms “we”, “us” and “our” refer to Burtsway. Burtsway offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Wix.com, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS AND OPTIONAL / THIRD-PARTY TOOLS AND SERVICES
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional / third-party tools and services. Any use by you of optional / third-party tools and services offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
The paygate / payment portal used for our online store is a third-party service and is processed through Yoco Technologies Proprietary Limited, (“Yoco”), a legal entity with company registration number 2013/203377/07 and all transactions processed are subject to Yoco's terms of service. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
All products sold on our online store are governed by our Shipping Policy.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Certain content, products and services available on our website or via service offered through our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
INTELLECTUAL PROPERTY RIGHTS
All the brand related content, products, trademarks and data displayed on this web site, including but not limited to, brand related text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to the respective brand being portrayed and as such are protected from infringement by local and international legislation and treaties.
All the content, products, trademarks and data displayed on the burtsway.co.za web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, other than that specified in the above paragraph, are the property of or licensed to Burtsway and as such are protected from infringement by local and international legislation and treaties.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither brand or manufacturer represented on the burtsway.co.za website nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through the burtsway.co.za website. Furthermore, Burtsway makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the burtsway.co.za web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
In no case shall Burtsway, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured from us or any of our third-party resellers, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The burtsway.co.za website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Burtsway that the service available from and through this website will meet the user's individual requirements and be compatible with the user's hardware and/or software.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Information, ideas and opinions expressed on the burtsway.co.za website should not be regarded as professional advice or the official opinion of Burtsway or any of the brands or manufacturers represented herein and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the burtsway.co.za website.
Neither Burtsway nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this website.
Read all warnings and follow the recommended usage on the product label.
ACCURACY OF INFORMATION
Although Burtsway attempts to be as accurate as possible when describing / displaying product information and / or product prices on the burtsway.co.za website, Burtsway to the extent permitted by applicable law, does not warrant that the product descriptions, colours, sizes, prices and / or other content available on the burtsway.co.za website is accurate, complete, reliable, current, or error-free.
The material on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our website is at your own risk. Burtsway may contain certain historical information. Historical information, is not necessarily current, and is provided for your reference only. We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Burtsway grant the user a limited, revocable, and non-exclusive license to access and make personal use of the burtsway.co.za website. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the website or any portion thereof; (ii) modify or download the website or content (except caching or as necessary to view the website); (iii) make any use of the website or content other than personal use; (iv) create any derivative work based upon either the website or content; (v) collect account information for the benefit of the user or another party; (vi) use any meta tags or any other "hidden text" utilizing the Burtsway name, trademarks or the names and/or trademarks of any brand or manufacturer displayed on the burtsway.co.za website or to otherwise use the trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on the Burtsway infrastructure.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Burtsway furthermore grant the user a limited, revocable, and non-exclusive license to create a hyperlink to the home page of burtsway.co.za for personal, non-commercial use only. A website that links to burtsway.co.za (i) may link to, but not replicate, content or the content of brands appearing on the burtsway.co.za website; (ii) may not imply that burtsway.co.za website or any brands that appear on the burtsway.co.za website, are endorsing such other website or its services or products; (iii) may not misrepresent its relationship with burtsway.co.za or with any brand or manufacturer appearing on the burtsway.co.za website; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray burtsway.co.za or the products or services of any brand or manufacturer appearing on the burtsway.co.za website, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Burtsway or any brand or manufacturer appearing on the burtsway.co.za website with undesirable products, services, or opinions; (vi) may not use any trademark; and (vii) may not link to any page of any of the brands or manufacturers appearing on this website other than the home page. Burtsway may, in its sole discretion, request that the website removes any link to burtsway.co.za, and upon receipt of such request, such link shall be immediately removed.
The user agrees to defend, indemnify and hold Burtsway harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from their use of the burtsway.co.za website. The user also agrees to indemnify Burtsway for any loss, damages, or costs, including reasonable attorneys' fees, resulting from their use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action the user takes that imposes an unreasonable burden or load on Burtsway’s infrastructure.
With respect to any dispute regarding Burtsway, all rights and obligations and all actions contemplated by these Terms & Conditions shall be governed by the laws of The Republic of South Africa (RSA), as if the Terms & Conditions were a contract wholly entered into and wholly performed within RSA. Any dispute relating in any way to the user’s visit to burtsway.co.za shall be submitted to confidential arbitration in RSA, except that, to the extent that the user has in any manner violated or threatened to violate Burtsway intellectual property rights or the intellectual property rights of Burtsway affiliates, partners, licensors or any brands or manufacturers represented on the burtsway.co.za website, Burtsway may seek injunctive or other appropriate relief in any court and the user consents to exclusive jurisdiction and venue in any such court. Should the intervention of the court be necessary against any user, the user will be liable for the cost of such legal action on a scale as between attorney and client. Arbitration under this agreement shall be conducted under the rules then prevailing in the RSA. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
CHANGES TO AGREEMENT AND TERMINATION
Nothing contained in these Terms & Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between the user and Burtsway. Any failure on the part of Burtsway to require the user’s performance of any provision hereof shall not affect Burtsway’s full right to require such performance at any time thereafter, nor shall Burtsway’s waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms & Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms & Conditions unenforceable or invalid as a whole. Burtsway will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you products and/or services shall be governed by and construed in accordance with the laws of South Africa.
Without detracting from any specific remedies as provided for these Terms of Service, it is recorded that in the event that any party ("defaulting party") breach any obligations owed by it to the other party ("innocent party"), such innocent party shall be obliged (where they wish to exercise any rights consequent upon such breach) to give notice of such breach to the defaulting party.
Such notice shall be in terms of these Terms of Service.
The notice shall draw attention to the breach and call upon the defaulting party to remedy such breach within 20 (twenty) days of the giving of such notice, failing which the innocent party shall be entitled to either compel performance from the defaulting party of its obligations, or cancel this agreement, or to claim such other rights as it may have against the defaulting party, whether at common law or in terms of these Terms of Service.
All notices given in terms of these Terms of Service shall:
(a) Be given in writing; and
(b) Be delivered and presumed to have been received on the date of delivery; or
(c) If sent by prepaid registered mail, be presumed to have been received within five (5) business days of posting unless the contrary is proved, or
(d) If sent by facsimile or e-mail, be presumed to have been received on the day on which it was sent unless the contrary is proved