Terms and Conditions Policy

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this website agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
All the content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the South African and other copyright laws, and is the property of NOSA. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with NOSA or to purchase NOSA products.


Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by NOSA. You further agree not to alter or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of NOSA used in the site are trademarks or registered trademarks of NOSA or affiliates.

Warranty Disclaimer
This site and the materials and products on this site are provided "voetstoots" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, NOSA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. NOSA does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.

NOSA does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of Liability
NOSA shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even NOSA has not been advised of such damages and given the chance to remedy any fault.

Typographical Errors
In the event that a product is mistakenly listed on the site at an incorrect price, NOSA reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. NOSA reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, NOSA shall issue a credit to your credit card account in the amount of such incorrect price.

Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by NOSA without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
NOSA may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the contact information you have provided to NOSA.

Miscellaneous
The use of this site shall be governed in all respects by the laws of the Republic of South Africa. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of NOSA products) shall be in the Province of Gauteng. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NOSA products) must be commenced within one (1) year after the claim or cause of action arises.


NOSA’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NOSA may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a NOSA or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.

Participation Disclaimer
NOSA reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to NOSA in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless NOSA, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

The NOSA site and all content are provided on a "voetstoots" basis. The contents of the site, such as text, graphics, images, information obtained from NOSA's licensors, and other material contained on the NOSA site ("Content") are for informational purposes only and do not constitute advice. The user is encouraged to consult with a professional advisor before acting on any information or content appearing on or transmitted through NOSA's web site.

Nothing on the site shall be construed as an offer by NOSA to the user, but merely an invitation to do business.

Third-Party Links
In an attempt to provide increased value to our visitors, NOSA may link to sites operated by third parties. However, even if the third party is affiliated with NOSA, the company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of NOSA. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, NOSA seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

User Content
Clients are not permitted to upload or transmit any communications or content of any type to any public areas that infringe or violate any rights of any party. By submitting communications or content to NOSA, you agree that such submission is non-confidential for all purposes.

If you make any submission to a public area or if you submit any business information, idea, concept or invention to NOSA by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted NOSA a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the site or to NOSA by email. We try to answer every email in a timeously, but are not always able to do so.


NOSA reserves the right to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Consumer Protection Act No. 68 of 2008 (CPA)
South African CPA laws shall supersede any NOSA terms and conditions which conflict with the Act or any other laws in the Republic of South Africa.

Electronic Communications and Transactions Act No. 25 of 2003 (ECT Act)

South African ECT laws shall supersede any NOSA data privacy policies which conflict with the Act or any other laws in the Republic of South Africa.

 

Protection of Personal Information Act No. 4 of 2013 (POPI Act)
South African POPI laws shall supersede any NOSA data privacy policies which conflict with the Act or any other laws in the Republic of South Africa.

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