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WEBSITE TERMS AND CONDITIONS

POSITIVE SPORTS SOLUTIONS PTY LTD

Trading as Positive Sports Solutions
Updated June 2019

Welcome to the Positive Sports Solutions website at https://positivesportssolutions.co.za. The website is owned by Positive Sports Solutions Pty Ltd (“Positive Sports Solutions”), registration number 2011/008068/07 (“Positive Sports Solutions”). Positive Sports Solutions provides the information contained on this website and the pages comprising the website (“Website”) and advertises and sells the products to you, subject to these Terms and Conditions. Please read these Terms and Conditions carefully and should you have enquiries, please email info@positivesportssolutions.co.za.

There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms and our Online Privacy Notice govern your use of this Website.

  1. Acceptance

These website terms and conditions (“Website Terms”) apply to your use of the Positive Sports Solutions website at https://positivesportssolutions.co.za (the “Website”). You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering on the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you are not in agreement with the Website Terms, please discontinue usage of this site.

  1. Accuracy of Content of the Website

Positive Sports Solutions has taken all reasonable steps to ensure that each product described or depicted on this website and any other information (such as pricing) displayed on the website is current, complete and accurate. However content errors may occur. For this reason and if the law allows it, the information displayed on our website is provided without any guarantees, conditions or warranty as to its accuracy. If you are uncertain about the information on a product advertised on this website, please send an email to info@positivesportssolutions.co.za and we will gladly assist you. All queries will be responded to within 2 working days.

  1. Website Registration

As an unregistered user you will be able to browse the products displayed on the website. If you do not have a username and password you will be required to register on the website. Registration requires filling in a short form which will create login details. Password/Account Security Consumers are responsible for maintaining the confidentiality of their password or account and any activities that occur under your account. Positive Sports Solutions shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

  1. Accuracy of content

To the extent permitted by applicable law, Positive Sports Solutions disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party. The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Positive Sports Solutions.

  1. Your Personal Information

The Website Terms supplement (and are in addition to) the terms of our Online Privacy Policy. Our Privacy Policy explains what personal information we collect about you when you use the Website, and you can view our Privacy Policy online by clicking here (add link to Privacy Policy). Please note that when you agree to these Website Terms you shall be deemed also to have read, understood and agreed to our Privacy Policy in its entirety.

  1. Pricing

We will take all reasonable efforts to ensure that prices reflected on the website are accurate. Prices are quoted in South African Rand. B2C prices includes Value-Added Tax (VAT) and B2B prices are Value-Added Tax (VAT) exclusive. Special promotions may be limited to separate offer conditions and stipulations.

  1. Stock Availability

Products displayed on this website are subject to availability in store at the time.

  1. Disclosures required in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002
  • Full name: Positive Sports Solutions Pty Ltd
  • Physical address: 2 Regency drive, Route 21 Corporate Park, Irene Centurion, 0157
  • Telephone number: +27 79 893 6284
  • Website address:https://positivesportssolutions.co.za
  • Email address info@positivesportssolutions.co.za
  • Registration number: 2011/008068/07
  • Credit Provider Number: NCRCP11865
  • Vat Registration Number: 4610259238
  • Country of incorporation: South Africa
  • Managing Director and Chief Executive Officer: Annes Britz
  • Directors: H. G Britz
  • Physical address for receipt of service: 2 Regency drive, Route 21 Corporate Park, Irene Centurion, 0157
  1. Copyright and Intellectual Property Rights

Copyright and all intellectual property rights in all materials, texts, drawings, graphics, logos, icons and any data made available on this website (collectively “the materials”) are owned by Positive Sports Solutions or its content suppliers and thereof protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights. You may only use the materials or any component thereof for your information purposes or for the purposes of ordering products from Positive Sports Solutions. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Positive Sports Solutions. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Positive Sports Solutions.

  1. Links to other websites

External links are provided for your convenience, but they are beyond the control of Positive Sports Solutions and no representation is made by Positive Sports Solutions as to their content, source or any risks that may incur through linking to other websites. Use or reliance on any external links provided is at your own risk and we accept no liability in respect of such use. When visiting external links you must refer to the external terms and conditions of use.

You may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of Positive Sports Solutions.

  1. Use of Website

Only you and Positive Sports Solutions shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms. We may in our sole discretion at any time suspend or terminate the operation of the website without prior notice to you and without the need to give you reasons for such termination.

  1. Address for Service

The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out.

Positive Sports Solutions shall be entitled from time to time, by giving notice to you in this website, to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

  1. Entire Agreement

These Website Terms and our Privacy Policy set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

  1. Other Legal Notices

Positive Sports Solutions shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.

All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be excluded from the agreement between us and the remaining provisions of these Terms shall remain in full force and effect.

Should Positive Sports Solutions be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Positive Sports Solutions is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that such event continues for more than 14 days after it has first occurred then Positive Sports Solutions shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An event outside the control of Positive Sports Solutions shall mean any event or circumstance whatsoever which is not within the reasonable control of Positive Sports Solutions including, but not limited to, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.

These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.

For purposes of calculating any time periods, GMT +2 shall be used.

  1. Availability of Products
  • From time to time, some Products may be out of stock or are unavailable and we may not be able to fulfill all or part of your Order. If this happens, we will refund you the price paid for the Products impacted.
  • We may withdraw or suspend from sale any Product displayed on the Website, either temporarily or permanently, at any time. Positive Sports Solutions Online will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Product.
  • Where a Product which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Product has already been processed, we will refund any money paid to us.
  • Positive Sports Solutions reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error and Positive Sports Solutions will fulfill the remainder of your Order. If you are not satisfied with the partial fulfillment of your Order, you can return your Order to us under the Returns Policy.
  • If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
  1. You acknowledge and agree that:
  • all pictures and images of Products displayed are for illustrative purposes only;
  • any accessory featured with the Products is for illustrative purposes only, and may be sold separately; and
  • where we provide dimensions and measurements in the description of a Product, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Product is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Product.
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