1.General

1.    These “Terms and Conditions” are important and should be carefully noted.

2.    These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”).

3.    If you do not understand these Terms and Conditions, it is your responsibility to ask a representative of Woodlam to explain them to you before you accept them and/or continue using the Website.

4.    These Website Terms and Conditions govern the use of the Website.

5.    By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Website or use any service

6.    We reserve the right to update, change or replace any part of our Terms and Conditions 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.

7.    By agreeing to these Terms and Conditions, you represent that you are at least the age of majority. You may not use our products for any illegal or unauthorised purpose nor may you, violate any laws in your jurisdiction (including but not limited to copyright laws).

2.Registering, Signing Up, Submitting & Using the Website

1.    To sign up, you must provide certain personal details and/or information to Woodlam.

2.    You agree to notify Woodlam immediately upon becoming aware of or reasonably suspecting any unauthorised access to personal details and/or information and that you will take the necessary steps to mitigate any resultant loss and/or damage.

3.    By using the Website you warrant that you are (18) years of age and/or older. If you are under the age of (18) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the supervision of your legal guardian and/or parent. If your legal guardian and/or parent give “their” consent, then “they” agree to be bound to these Terms and Conditions and the entirety of these Terms and Conditions;

4.    You may not use the Website to distribute any material, electronic or otherwise which is defamatory, offensive, contains or amounts to hate speech or is in anyway unlawful or harmful.

5.    You may not display, publish, copy, print, post or use the Website and/or the information contained herein without the express prior written consent of a Woodlam Representative.

6.    Providing false contact information of any kind may result in the termination as a user.

7.    We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.

8.    If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

3.Ownership and Copyright

1.    The contents of the Website, including any material, information, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website are owned or licensed to Woodlam and are protected by law, including but not limited to copyright and trade mark law.

2.    The Website Content is the property of the Woodlam or its software suppliers and protected by South African and international copyright laws.

3.    Any use, distribution or reproduction of the Website Content is prohibited without the express prior written consent of a Woodlam Representative.

4.    Where any of the Website Content has been licensed to Woodlam or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

4.Disclaimer

1.    The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website. Woodlam, its owners, shareholders, directors, employees and/or agents, disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content herein unless otherwise provided by law.

2.    Any views or statements made or expressed on the Website are not necessarily the views of Woodlam, its owners, shareholders, directors, employees and/or agents. Woodlam does not accept any responsibility for any errors or omissions on this Website.

3.    Whilst Woodlam takes reasonable measures to ensure that the content of the Website is accurate and complete, it makes no representations or warranties, whether express or implied, as to the quality, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

4.    In addition to the disclaimers contained elsewhere in these Terms and Conditions, Woodlam also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans or any other data which is able to corrupt, destroy, compromise, disrupt, disable, harm and/or jeopardise your computer system, computer network, hardware or software in any way.

5.Limitation of Liability

1.    Neither Woodlam nor its owners, shareholders, directors, employees and/or agents shall be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.

2.    You hereby indemnify Woodlam, its owners, shareholders, directors, employees and/or agents against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked third party website.

6.Privacy Policy

1.    Woodlam will take reasonable measures to protect your privacy, and as outlined herein;

2.    If you register as a Registered User or Partner Merchant on the Website, we may require you to provide us with personal information which includes but is not limited to your;
Name and Surname
Date of Birth
Gender
Email Address
Physical Address
Cell Phone Number

3.    Should your personal information change, you are required to inform us and provide us with your changes to/ and/or new personal information as soon as reasonably possible to enable us to update your personal information accordingly.

4.    You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Woodlam will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is required;

·       in order to comply with applicable law, order of court or legal process served on Woodlam; and/or

·       to protect and defend the rights or property of Woodlam.

·       We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to communicate with you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations.

·       We will treat your personal information as strictly confidential and take the appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected.

·       We take the security of your personal information seriously. All personal information that you provide to us is subject to our privacy policy. However, due to the nature of the internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, we will not be liable for any loss or damages arising from third parties' unauthorised access of your data.

·       We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information.

·       Woodlam undertakes never to sell or make your personal information to any third party unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Woodlam reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure.

·       All  personal information provided by you will be treated in accordance with (a) the Data Protection Directive 95/46/EC and ePrivacy Directive 2002/58/EC as implemented by countries within the EEA, (b) from 25 May 2018, the General Data Protection Regulation, and/or (c) other laws that are similar, equivalent to or that are intended to implement, amend, or replace, the laws that are identified in (a) and (b) above (the “Data Protection Legislation”). Personal data is information which directly or indirectly identifies you.  We at Woodlam are committed to processing your personal data in accordance with EU data protection laws.  For the purposes of EU data protection laws, Woodlam is the data controller. It may be necessary for you to give us personal data so that we can provide you with the requested products and services, fulfil any contractual relationship with you, inform you of our services, comply with applicable laws, regulations and/or codes of practice and for the other purposes as set out in this notice where in our legitimate interests.

·       By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location.

7.Breach

1.    If any party ("Defaulting Party") breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:

·       any amounts that may be due to it in terms of this agreement; and

·       any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.

8.Governing law and jurisdiction

1.    These Terms and Conditions and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

2.    Nothing in this clause or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

9.Changes to these Terms and Conditions

1.    Woodlam may, in its sole discretion, change the Terms and Conditions or any part thereof at any time and notice of such change in the Terms and Conditions will be provided to you, either via email and/will be displayed on the Website. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such updated or amended “Terms and Conditions” have been displayed on the Website, you will be deemed to have accepted such updates or amendments.

10.General

1.    These Terms and Conditions, read together with Returns Policy and our Privacy Policy contain the whole agreement between you and Woodlam and no other warranty or undertaking is valid, unless contained in this document between the parties.