2. Acceptance of terms
Unless otherwise agreed to in a separate signed agreement between Your Company and The Home Hub Your access and use of the Website, Content, or any forums, wikis, blogs, or services provided on the Website (any Services), are subject to this TOU. Additionally, Your use of the Website, Content, and the Services may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, Additional Legal Terms), which may be posted on the Website where applicable. This TOU and the applicable Additional Legal Terms (together Controlling Terms) form a legally binding agreement between You and The Home Hub regarding Your access and use of the Website, Content, and the Services. Whenever there is a conflict between the terms in this TOU and the Additional Legal Terms, the terms in the Additional Legal Terms shall control. By accessing or using the Website, You accept and agree to abide by the terms of this TOU. If You do not agree to the terms of this TOU, You must not attempt to access or use the Website. Your access and use of any The Home Hub software or related documentation provided on the Website (together The Home Hub Software) shall be subject to a separate software license agreement made available to You at the time You access or download the The Home Hub Software.
4. Electronic Communications
By using the Website or communicating with The Home Hub by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
5. E-Commerce & Privacy
The use of any product or service bought from the Website is at the purchaser’s risk. The purchaser/user indemnifies and holds The Home Hub harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by The Home Hub and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
The Home Hub undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Home Hub cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
7. Confidential Information
- Except for Web sites within the Website which are clearly identified as non-public (each a Non-Public), the Website is intended to be a public forum subject to the terms of this Agreement and You agree not to provide The Home Hub or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Any Content that You send or upload to the Website will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such uploaded Content.
- You agree not to reproduce any Confidential Information to which you are provided access through the Website in any form except as authorised at the time of disclosure. Any reproduction of The Home Hub Confidential Information shall remain the property of The Home Hub and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorised at the time of disclosure and (d) not to disclose any Confidential Information to any party without the prior written consent of The Home Hub. You do not acquire any rights in Confidential Information except the limited rights as described above. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the Software or Services, or compete with The Home Hub Software or Services in whole or in part. As used herein, Confidential Information shall mean all trade secrets and other information or Services which The Home Hub or third parties protect against unrestricted disclosure to others which is either labeled Confidential, accessed through a restricted area of www.thehomehub.co.za, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps You and/or Your Company take to protect Your own similar Confidential Information, which shall not be less than a reasonable standard of care.
ALL UPLOADS BY YOU INTO THE WEBSITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND THE HOME HUB TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF THE WEBSITE.
8. Your information, Privacy and Data Protection
You understand and agree that The Home Hub collects, uses, stores and otherwise processes Your personal information and utilisation data and may share such data with third party service providers for the purposes of improving or providing the Services subject to The Home Hub’s Privacy Statement. Data to be processed includes Your name, email address, and other information which may include but is not limited to Your telephone number, and postal address.
You agree that The Home Hub may access, preserve and disclose Your personal information and/or Content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any Content violates the rights of third parties or (iv) protect the rights, property or personal safety of The Home Hub, Users, and the public.
YOU AGREE TO COMPLY WITH THE TERMS OF THE ABOVE THE HOME HUB PRIVACY STATEMENT, AND THE PRIVACY TERMS FOUND BY CLICKING ON PRIVACY AT THE BOTTOM OF THE HOME WEB PAGE COMPRISING THE WEBSITE.
9. Copyright and Intellectual Property Rights
The Home Hub provides certain information at the Website. Content currently or anticipated to be displayed at the Website is provided by The Home Hub, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright The Home Hub, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Home Hubs reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
10. Gift Vouchers
The Home HUb Gift Vouchers are not redeemable for cash and will not be replaced if lost, stolen, destroyed or used without permission. The Home Hub Gift Vouchers cannot be resold to- or exchanged with a third party. You cannot use a The Home HUb Gift Voucher to purchase another Home Hub Gift Voucher. The Home Hub Gift Vouchers can only be redeemed online through the Website.
11. Payment Options
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the The Home Hub’s bank account, the details of which will be provided after checkout.
Credit card acquiring and security
Credit card transactions will be acquired for The Home Hub via approved payment gateways. Our payment gateways use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.
Customer details separate from card details
Customer details will be stored by The Home Hub separately from card details.
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).
The Home Hub takes responsibility for all aspects relating to the transaction including sale of goods and services sold on the Website, customer service and support, dispute resolution and delivery of goods.
13. Termination & Accountability
In the event You are in material breach of the Controlling Terms, The Home Hub may, at its sole discretion refuse You any current or future use of the Website. The Home Hub may remove any Content posted on the Website at The Home Hubs sole discretion. The Home Hub shall not be liable to You or any third party for any termination or change to the Website and/or the Services. If You send or upload Content that is confidential or proprietary of a third party without that third party’s permission, or, if You transmit or upload Content that is intended to infect, corrupt or otherwise disrupt the operation of the Website or any other Users computer system, The Home Hub may report You to the relevant authorities to ensure You are held accountable to the fullest extent of applicable laws.
You agree not to use the Website to:
- publish, upload, post, email, transmit or otherwise make available any Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthoriSed advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
- defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
- impersonate any person or entity, including, but not limited to, an The Home Hub official, The Home Hub employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- download any file or Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
- interfere with or disrupt the Services, servers, or networks which support the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- violate any applicable local, state, national or international law and any regulations;
- harvest, collect, or store personal information or data of other Users.
You agree to indemnify and hold The Home Hub, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Your Content or Your usage of the Website or Services, Your breach of this TOU or The Home Hub’s Copyright or Privacy Statements, or Your alleged violation of any other rights of a third party.
15. Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither The Home Hub nor any holding company, affiliate or subsidiary of The Home Hub shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if The Home Hub is expressly advised thereof.
16. Privacy: Casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Home Hub uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded here.
17. Choice of Law
The Website is controlled, operated and administered by The Home Hub from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use the Website in violation of South African export laws and regulations. If the User accesses the Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These TOU shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Johannesburg High Court in the event of any dispute. If any of the provisions of these TOU are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these TOU, and the remainder of these TOU shall continue in full force and effect. These TOU constitute the entire agreement between The Home Hub and the User with regard to the use of the Content and the Website.
18. Contact information / Domicilium citandi et executandi
This website is run by Paul vd Merwe based in South Africa trading as The Home Hub.
If you have any questions, queries or wish to request permission to use any part of the Website, please contact us at:
Northwold Ext 11
PO Box 1410
Tel: 011 053 7160
Cell: 084 251 7402
Electronic Communications and Transactions Act, 2002
A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html