GENERAL TERMS AND CONDITIONS
By using the Website and Services, you expressly represent and warrant that you are legally entitled to enter this Agreement.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of OneCart or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify OneCart or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
Registration and use of the website
To register as a user, you must provide an email address and password and provide certain information and personal details to OneCart.
Upon registration, you will then be required to Login, which Login will then require your email and password only.
For security purposes, you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify OneCart immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised OneCart representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised OneCart representative.
You will not attempt to gain unauthorized access to any part of the Website and/or to any additional information you may provide on a voluntary basis, such as demographic information or information related to your favorite social networking site, or information relating to your participation in competitions, promotions, surveys, and/or additional services (“Optional Details”).
You are the sole authorised User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorised use of your password or your account by minors. You may not authorise others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify OneCart immediately.
If you provide any information that is untrue, inaccurate, not current, or incomplete, OneCart has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, OneCart has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by the Company, or if you have been previously banned from use of the Services.
Intellectual Property Ownership
OneCart alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, or the Services, or any intellectual property rights owned by OneCart. The Company name, the Company logo, and the product names associated with the Website, and Services are trademarks of the Company or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Software or the Services.
You understand that:
(a) the prices for items displayed through the Services may differ from the prices offered or published by Groceries, Liquor Service Providers for the same items and/or from prices available at other third-party websites and that such prices may not be the lowest prices at which the items are sold;
(b) the Company has no obligation to itemise its costs, profits or margins when publishing such prices; and
(c) the Company reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on the OneCart’s income).
Charges paid by you for completed and delivered orders are final and non-refundable. OneCart has no obligation to provide refunds or credits, but may grant them, in each case in OneCarts sole discretion.
We encourage you to check back at our Website if you are interested in learning more about how we charge for the Services.
Fees for Services.
OneCart may change the fees for our Services as we deem necessary or appropriate for our business.
Currency used is South African RAND (ZAR)
You can use the following methods of payments:
- Credit or Debit Card – Visa, Master, Diners, American Express etc.
- Cash on Delivery
- Third-Party Websites, Applications and Advertisements. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, OneCart will warn you that you have left our Website or Services. Such Third-Party Websites & Advertisements are not under the control of the Company. OneCart is not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. OneCart provides these Third-Party Websites & Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Transactions Involving Alcohol
OneCart will not sell any alcoholic product to any person under the age of 18. We reserve the right to request proof of age (Identity document / passport).
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE WEBSITE, AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE, AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE WEBSITE, AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ONECART MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE WEBSITE, OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. ONECART DOES NOT WARRANT THAT THE WEBSITE, SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE WEBSITE, RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ONECART SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
Limitation of Liability
Disclaimer of Certain Damages.
TO THE FULLEST EXTENT OF LAW ONECART SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE, , OR SERVICES INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE.
Notwithstanding anything contained in this Policy regarding your information, the following information is not regarded as personal information for purposes of this Policy:
- Permanently de-identified information that does not relate and/or cannot be traced back to you specifically. We may compile, use, share and otherwise process such information as we deem fit.
- Non-personal statistical information collected and compiled by us. We own and retain all rights in such information
- Information which you have provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, albums, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this Policy. Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes and you should accordingly be careful when deciding to share any of your personal information in such public environments
You consent to the processing of your personal information
By accepting this agreement you consent to our collection, storage, processing and disclosure of your personal information as described in this agreement, you consent to our retention of the information we have already collected from you for record-keeping purposes only.
Credit card acquiring and security
Credit card transactions will be acquired for ONECART via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa.
User details separate from card details (which the customer can save the details on their own)
Customer details will be stored by OneCart separately from card details which are entered by the client on OneCart secure site or mobile application. For more detail on PayGate refer to www.paygate.co.za
- Detailed description of goods and/or services: ONE CART is a business in the Ecommerce industry that allows customers to shop from multiple retailers on one online platform.
- Delivery policy: Subject to availability and receipt of payment, requests will be processed within 01 days and delivery confirmed by way of a booking number, receipt. ONE CART makes use of its own private courier service.
- Export restriction: The offering on this website is available to South African clients only.
- Payment options accepted: Payment may be made via Visa and MasterCard.
7, Card acquiring and security: Card transactions will be acquired for ONE CART via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Customer details separate from card details: Customer details will be stored by ONE CART separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
9 Merchant Outlet country and transaction currency The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
10 Responsibility ONE CART takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
11 Country of domicile This website is governed by the laws of South Africa and ONE CART chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 32 Strelitzia Emerald Boulevard, Edenvale, Gauteng 1609.
12 Variation ONE CART may, in its sole discretion, change this agreement or any part thereof at any time without notice.
13 Company information This website is run by ONE CART (PTY) LTD based in South Africa trading as ONE CART and with registration number 2016/262246/07 and Lynton Peters (Director)
14 ONE CART contact details Company Physical Address: 32 Strelitzia Emerald Boulevard, Edenvale, Gauteng 1609 Email: firstname.lastname@example.org. Telephone: 0718621378