Terms & Conditions
Bethlehem Masons CC
Terms and Conditions
1. Introduction
1. This website can be accessed at www.bhmmasons.com,
related mobi-sites and software applications (the “Website”) and is
owned and operated by Bethlehem Masons Online CC (“Bethlehem Masons”, “we”, “us” and “our”).
2. These Website Terms and Conditions (“Terms and Conditions”)
govern the ordering, sale and delivery of Goods, and the use of the Website.
3. These Terms and Conditions are binding and enforceable against every
person that accesses or uses this Website (“you”, “your” or “user”), including
without limitation each user who registers as contemplated below (“registered user”). By using the Website and by
clicking on the “Register Now” button on the Website, as may be applicable, you
acknowledge that you have read and agree to be bound by these Terms and
Conditions.
4. The Website enables you to shop online for an extensive range of goods
including sport, home and kitchenware, baby and toddler products, electronics,
health and beauty products, movies and TV, gaming, books, eBooks, music, toys,
pet supplies, and more (“Goods”).
5. Bethlehem Masons allows third party sellers to list and sell their Goods
on the Website (each a “Third Party Seller”).
Bethlehem Masons will indicate on relevant product pages and checkout pages
when Goods are for sale by a Third Party Seller. Certain terms in these Terms
and Conditions only apply to purchases from Third Party Sellers, and others
only apply to purchases from Bethlehem Masons. This will be made clear in the
relevant clause.
2. Important
Notice
1. These Terms and Conditions apply to users who are consumers for purposes
of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2. These
Terms and Conditions contain provisions that appear in similar text and style
to this clause and which -
1. may
limit the risk or liability of Bethlehem Masons or a third party; and/or
2. may
create risk or liability for the user; and/or
3. may
compel the user to indemnify Bethlehem Masons or a third party; and/or
4. serves
as an acknowledgement, by the user, of a fact.
3. Your
attention is drawn to these Terms and Conditions because they are important and
should be carefully noted.
4.
If there is any provision in these
Terms and Conditions that you do not understand, it is your responsibility to
ask Bethlehem Masons to explain it to you before you accept the Terms and Conditions
or continue using the Website. If you are unfamiliar with eBooks, please pay
particular attention to clause 10 below, which describes the nature,
functionality, usage rights and delivery of eBooks.
5.
Nothing in these Terms and Conditions
is intended or must be understood to unlawfully restrict, limit or avoid any
right or obligation, as the case may be, created for either you or Bethlehem
Masons in terms of the CPA.
6.
Bethlehem Masons permits the use of
this Website subject to the Terms and Conditions. By using this Website in any
way, you shall be deemed to have accepted all the Terms and Conditions
unconditionally. You must not use this Website if you do not agree to the Terms
and Conditions.
3. Returns
1.
Please refer to our Returns Policy
for more information about returning products (and related refunds,
replacements or repairs). The Returns Policy is incorporated by reference
(which means that it forms part of these Terms and Conditions).
4. Registration
and use of the website
1.
Only registered users may order Goods
on the Website.
2.
To register as a user, you must
provide a unique username and password and provide certain information and
personal details to Bethlehem Masons. You will need to use your unique username
and password to access the Website in order to purchase Goods.
3.
You agree and warrant that your
username and password shall:
1.
be used for personal use only; and
2.
not be disclosed by you to any third
party.
4.
For security purposes you agree to
enter the correct username and password whenever ordering Goods, failing which
you will be denied access.
5. 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.
6.
You agree to notify Bethlehem Masons
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.
7. 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.
8.
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 Bethlehem
Masons representative (such consent is deemed given for standard search engine
technology employed by Internet search websites to direct Internet users to
this Website).
9.
You may not use the Website to
distribute material which is defamatory, offensive, contains or amounts to hate
speech or is otherwise unlawful.
10.
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 Bethlehem
Masons representative.
5. Conclusion
of sales and availability of stock
1.
Registered users may place orders for
Goods, which Bethlehem Masons or the Third Party Seller may accept or reject.
Whether or not Bethlehem Masons or the Third Party Seller accepts an order
depends on the availability of Goods, correctness of the information relating
to the Goods (including without limitation the price) and receipt of payment or
payment authorisation by Bethlehem Masons for the Goods.
2. NOTE:
Bethlehem Masons or the Third Party Seller will indicate the acceptance of your
order by delivering the Goods to you or allowing you to collect them, and only
at that point will an agreement of sale between you and Bethlehem Masons or the
Third Party Seller come into effect (the “Sale”). This is regardless of
any communication from Bethlehem Masons stating that your order or payment has
been confirmed. Bethlehem Masons will indicate the rejection of your order (by Bethlehem
Masons itself or the Third Party Seller) by cancelling it and, as soon as
possible thereafter, refunding you for any amount already paid.
3. Prior to delivery or your collection of the Goods, you may cancel an
order at any time provided you do so before receiving a dispatch or delivery
notice. After delivery or your collection of the Goods, you may return the
Goods only in accordance with the Returns Policy.
4. Any order of a television will
be subject to the condition that we obtain from you your valid TV licence
number and your account holder ID. If we do not receive your TV licence number
and your account holder ID, or your TV licence number cannot be validated, you
will not be able to check out with the television in your shopping basket.
5.
Placing Goods in a wishlist or
shopping basket without completing the purchase cycle does not constitute an
order for such Goods, and as such, Goods may be removed from the shopping
basket if stock is no longer available or the price thereof might change
without notice to you. You cannot hold Bethlehem Masons or the Third Party
Seller liable if such Goods are not available or are not available at the
particular price when you complete or attempt to complete the purchase cycle at
a later stage.
6. You
acknowledge that stock of all Goods on offer is limited and that pricing may
change at any time without notice to you. In the case of Goods for sale by Bethlehem
Masons, Bethlehem Masons will take all reasonable efforts to monitor stock
levels and ensure that when stock is no longer available, that offers thereof
are discontinued on the Website. However, we cannot guarantee the availability
of stock. When Goods are no longer available after you have placed an order, Bethlehem
Masons will notify you and you will be entitled to a refund of any amount
already paid by you for such Goods.
7. In
the case of Goods for sale by a Third Party Seller, Bethlehem Masons relies on
inventory information supplied by the relevant Third Party Seller and Bethlehem
Masons accordingly bears no liability for any inaccuracies in the information
supplied to it. Consequently, should you order
any Goods from a Third Party Seller which are in fact sold-out, any resulting
dispute should be resolved between you and the relevant Third Party Seller,
your respective rights and obligations being as set out in these Terms and
Conditions.
8.
Certain Goods may not be purchased
for re-sale. Should we suspect that any such Goods are being purchased for
sale, we are entitled to cancel your order immediately on notice to you.
9.
Please see details relating to
Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.
6. Payment
1.
We are committed to providing secure
online payment facilities. All transactions are encrypted using appropriate
encryption technology.
2.
Whether the Goods are for sale by Bethlehem
Masons or a Third Party Seller, payment can be made for Goods via -
1.
debit card;
2. credit card: where payment is made by credit card, we may require
additional information in order to authorise and/or verify the validity of
payment. In such cases we are entitled to withhold delivery until such time as
the additional information is received by us and authorisation is obtained by
us for the amounts. If we do not receive authorisation your order for the Goods
will be cancelled. You warrant that you are fully
authorised to use the credit card supplied for purposes of paying the Goods.
You also warrant that your credit card has sufficient available funds to cover
all the costs incurred as a result of the services used on the Website;
3.
direct bank deposit or electronic
funds transfer: if you pay via direct bank deposit or electronic funds
transfer, payment must be made within 5 (five) days of placing your order. Bethlehem
Masons will not accept your order if payment has not been received;
4.
Instant EFT;
5. cash on delivery (except where any of our exclusions apply, as listed in our FAQ); by selecting this option, you
undertake to ensure that you have the exact cash on hand at the time of
delivery.
6.
eBucks;
7.
Discovery Miles;
8.
MasterPass;
9.
Bethlehem Masons Vouchers;
10.
Sbux; and
11.
Mobicred.
3. The above payment options are explained in more detail in our Frequently
Asked Questions (“FAQ”): Payment, which are
incorporated by reference.
4. You may contact us via our Help page to
obtain a full record of your payment. We will also send you email
communications about your order and payment.
5.
Once you have selected your payment
method (save for cash on delivery or direct bank deposit), you will be directed
to a link to a secure site for payment of the applicable purchase price for the
Goods.
7. Delivery
of goods
1.
Bethlehem Masons offers 2 (two)
methods of delivery of Goods to you. You may elect delivery via:
1.
courier; or
2.
self-collection.
2. For more information about delivery, please see our FAQs: Shipping
and Delivery, which are incorporated into these Terms by reference.
Our delivery charges are subject to change at any time, without prior notice to
you, so please check the FAQs for the most up-to-date information. You will see
the applicable delivery charges in your cart when you check out.
3.
Where it accepts your order, Bethlehem
Masons or the Third Party Seller will deliver the Goods to you as soon as
reasonably possible, but no later than 30 (thirty) days of receipt of your
payment (“Delivery Period”). We will notify you if we are unable to deliver the
Goods during the Delivery Period. You may then, within 7 (seven) days of
receiving such notification elect whether or not to cancel your order for the
Goods. If you elect to cancel your order, we will reimburse you for the
purchase price.
4. Bethlehem Masons’s obligation to deliver a product to you is fulfilled
when we deliver the product to the physical address nominated by you for
delivery of the order. Bethlehem Masons is not
responsible for any loss or unauthorised use of a product, after it has
delivered the product to the physical address nominated by you.
8. Errors
1. We
shall take all reasonable efforts to accurately reflect the description,
availability, purchase price and delivery charges of Goods on the Website.
However, should there be any errors of whatsoever nature on the Website (which
are not due to our gross negligence), we shall not be liable for any loss,
claim or expense relating to a transaction based on any error, save – in the
case of any incorrect purchase price – to the extent of refunding you for any
amount already paid, or otherwise as set out in the Returns Policy.
2.
Bethlehem Masons shall not be bound
by any incorrect information regarding our Goods displayed on any third party websites.
9. Gift
Vouchers & Coupons
1.
Bethlehem Masons may from time to
time make physical or electronic gift vouchers (“Gift Vouchers”) and
promotional coupons or discounts (“Coupons”) available for use on the Website
towards the purchase of Bethlehem Masons Goods. Gift Vouchers and Coupons can
only be redeemed while they are valid and their expiry dates cannot be
extended. More specifically:
2. Gift Vouchers
1.
Gift Vouchers that are purchased by
registered users are valid for 3 years after Sale. Gift Vouchers that Bethlehem
Masons gives away for free are valid for the period stated thereon. In
each case, if your Voucher has not been used within that period, it will
expire.
2.
Gift Vouchers cannot be used to buy
other Gift Vouchers or Coupons. They do not accrue interest and are not
refundable for cash once purchased. If your Gift Voucher value is insufficient
for the order you wish to place, you may make up the difference by paying via
one of our other payment methods.
3. Bethlehem
Masons is not responsible for any harm due to the loss, unauthorised use or
unauthorised distribution of a Gift Voucher, after it has delivered the Gift
Voucher to you or the email address nominated by you.
3. Coupons
1. There are two types of Coupons; a Coupon with a fixed amount of a
discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g.
10% off (“Percentage Coupon“).
2.
Coupons are issued in Bethlehem
Masons’s sole discretion and we are entitled at any time to correct, cancel or
reject a Coupon for any reason (including without limitation where a Coupon has
been distributed in an unauthorised manner). Users do not have a right to
Coupons, and Coupons cannot be earned. Coupons are issued under specific terms
and conditions regulating when and how they may be used.
3.
As a general rule, and unless
specified otherwise on the specific Coupon itself:
1.
each Coupon can only be used once;
2.
only one Coupon can be used per
order;
3.
only one Coupon can be used on the
Website per person per promotion/campaign;
4.
Percentage Coupons may only be
redeemed on purchases with a total cart value of less than R5,000;
5.
where a Percentage Coupon has been
used and you wish to cancel any items in the order prior to making payment, the
entire order must be cancelled. You will be issued with a new Percentage Coupon
and will need to place the order again, without the item that you wished to
cancel;
6.
a Coupon must be used at check-out –
it cannot be used later on existing orders; and
7.
the value of the Coupon will be set
off against the value of your shopping basket and the balance remaining, if
any, will be payable by you.
4. Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot
be exchanged or refunded for cash or credit. Bethlehem Masons is not
responsible for any harm due to the loss, unauthorised use or distribution of a
Coupon.
5. If for any reason a Coupon does not reflect on the final amount due from
you at check-out, you can contact us here to confirm
if the Coupon is still valid. If Bethlehem Masons confirms that the
Coupon is still valid and you have already placed your order, you can choose
whether to cancel the order and place it again with the Coupon, or you can use
the Coupon on your next order within the limitations of the specific Coupon’s
terms and conditions.
6.
You may be required to submit the
original communication containing the Coupon code, and any other information
reasonably requested by Bethlehem Masons, before you are able to use a Coupon.
7. Click here for instructions on how to use/redeem a
promotional coupon.
10. Daily
Deals and other discounted Goods
1. From time to time, we may offer certain Goods at discounted prices
as part of a Daily Deal, App Only Deal, Bundle Deal or any other temporary deal
which are explained below (each a “Deal”). These will
be subject to certain conditions (as set out in these Terms and/or the
Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will
pay the discounted price for that product (the “Deal Price”).
2. However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay
the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the
scope of the Deal.
3.
For example: if you buy more than one
product in a Daily Deal, you will pay the Deal Price for the first product, but
the Normal Price for all products thereafter. Alternatively, if you buy a
product in combination with any other products that together do not constitute
a Bundle Deal, you will pay the Normal Price for all such products falling
outside the scope of the relevant Deal.
4. Daily
Deals
1. At our discretion, Daily Deals (“Deals”) are
available daily from 7am – 23:59pm on week days and from 9am – 23:59pm on
weekends. In addition, please note that Daily Deals have a stock limit and may
expire earlier if stock runs out.
2.
Daily Deals quantities are
limited and as such, after a Daily Deal is sold out, those particular
Goods may be available on the Website at their normal selling prices (but no
longer as a Daily Deal).
3.
We do not guarantee a specific
saving. The extent of the Daily Deal or discount is at the sole discretion of Bethlehem
Masons.
4.
Only one of each Daily Deal may be
purchased per customer.
5.
Adding a Daily Deal to your cart, or
completing your order for a Daily Deal without paying for it, does not
reserve the item for you. Bethlehem Masons must receive payment from you within
24 hours of you placing your order for a Daily Deal, otherwise we will cancel
your order.
6.
Bethlehem Masons will reserve stock
for customers in the order in which it receives payment. Therefore if you pay
via EFT, you might not get your item because Bethlehem Masons may only receive
payment from you a few days later, and in the meantime the Daily Deal
might sell out to customers paying immediately.
7.
The List Price shown in respect
of Daily Deals and other discounted Goods is the recommended retail price
suggested to us by the supplier of the relevant product. Where the supplier has
not provided a recommended retail price, an estimate may be provided. Where a
product is offered for sale by a Third Party Seller, the List Price may be
provided by the Third Party Seller.
8. By
purchasing any Daily Deal, you are also automatically opting in for our Daily
Deals daily newsletter as well as our general newsletter (you may opt-out of
these newsletters at any time). Opting out of these newsletters after purchase
will not affect the value of the Goods purchased.
5. App
Only Deals
1. We also have Daily Deals (called “App Only Deals“)
which will only be available for purchase using the Bethlehem Masons software
application (“App”), although they may also be displayed on the Bethlehem
Masons website and mobi-site. The App can be downloaded on IOS and Android
devices. In addition to the above Daily Deal Terms and Conditions, the
following terms apply to App Only Deals:
1.
App Only Deals are only available for
purchase using the App and their prices may differ from the normal selling prices
at which those particular Goods may be available on the website or mobi-site.
2.
You will only receive the App Only
Deal price if you pay for your order using the App before the App Only Deal has
expired or sells out. You will not receive the App Only Deal price if you pay
for your order using the website or mobi-site, or if you don’t pay for your
order before the App Only Deal has expired or sells out.
6. Bundle Deals
1. We may from time to time offer bundle deals for sale under the Bundle
Deals tab on the Website (“Bundle Deals“). Each Bundle Deal will consist of two or more
products that either we or you (as provided on the Website) have combined
together in a single bundle.
2.
Any saving or discount resulting from
purchasing a Bundle Deal instead of its component products separately may be
applied to any of the component products individually in our sole discretion.
The actual purchase price (after applying any applicable saving or discount) of
each component product will be communicated to you upon checkout and reflected
in your order history. This is relevant to the amount that would be refunded to
you, if you were to return any product in a Bundle Deal for a refund, in accordance
with our Returns Policy.
3. A Bundle Deal should be distinguished from a pre-packed bundle compiled
by our supplier and supplied to us as a single unit (“Pre-packed Bundles“). Any saving or discount in respect
of a Pre-packed Bundle will be applied only to the total bundle price and not
to the prices of the individual component products. Please refer to our Returns
Policy for information about returning a Pre-packed Bundle.
11. Liquor
1.
Bethlehem Masons sells liquor under
liquor licence number WCP/040408 (cmats: 2013/572).
2. It
is an offence in terms of South African liquor legislation:
1. for
any person under the age of 18 years to purchase, or attempt to purchase,
liquor and/or to present false evidence of his/her age in order to access
liquor; and/or
2. to
purchase liquor for or on behalf of any person under the age of 18 years.
3.
Bethlehem Masons is committed to
complying with all applicable liquor legislation and therefore will only;
1.
sell liquor to you if you are of or
above the age of 18 years; and
2.
deliver liquor to the address chosen
by you if the liquor is received at such address by a person of or above the
age of 18 years.
4. Bethlehem Masons has implemented a number of precautions to ensure that
it does not sell, supply and/or deliver liquor to persons under the age of 18
years. These precautions include without limitation:
1.
indicating on the relevant liquor
product page on the Website that such liquor product is not for sale to persons
under the age of 18 years;
2.
verifying your age by requesting you
to enter your date of birth when purchasing, or attempting to purchase, liquor
through the Website;
3.
verifying the age of the person
receiving delivery of the liquor by requesting to see his/her identity
document, passport or driver’s licence, if such person appears to be under the
age of 18 years.
5. Bethlehem Masons may in its sole discretion refuse to sell or deliver
liquor to any person if:
1.
he/she refuses to provide his/her
date of birth or identification requested for purposes of verifying his/her
age;
2.
it appears that he/she provided false
information or evidence of his/her age in order to access liquor; or
3.
he/she appears to be intoxicated.
6.
Bethlehem Masons is not licenced to
sell liquor for resale and you may accordingly not purchase liquor from Bethlehem
Masons for the purpose of reselling it. Bethlehem Masons is entitled to cancel,
or not to process, any order for liquor which it suspects will be resold, in
addition to any other remedy it may have under these Terms and Conditions or at
law.
7.
Bethlehem Masons will not sell liquor
exceeding a total weight of 200 kilograms to any one person in a single day.
8. By
purchasing, or attempting to purchase, liquor from Bethlehem Masons, you hereby
acknowledge and agree to these Terms and Conditions, and agree to provide Bethlehem
Masons with truthful and accurate information and to comply with the applicable
liquor legislation.
12. eBooks
1. An “eBook” means an electronic book capable of being
opened and read on your PC or Mac computer using Adobe Digital Editions
software (“Adobe Reader”), and on certain other mobile hardware
devices (such as iphones and android) using the Bethlehem Masons.com Reader
software (“Bethlehem Masons eReader”). The Adobe Reader and Bethlehem
Masons eReader are “Reader Applications”. Your access to any eBook purchased by
you from us will be granted via a link to such eBook) (the “Link”).
2. IMPORTANT
– Limits to functionality and usage of eBooks:
1.
You will not be able to read eBooks
on devices that do not support either of the Reader Applications, therefore
check your device prior to purchasing an eBook.
2.
Even if a device supports either of
the Reader Applications, eBooks will only be able to be read on such devices
that you have associated with your profile in the relevant Reader Application.
If you have not registered additional devices with one of the Reader
Applications, you will only be able to read the eBook on the device onto which
it was first downloaded.
3.
You will need to be connected to the
internet when you download an eBook and open it for the first time. On
subsequent openings of the eBook, you will not need to be connected to the
internet, provided you are opening the eBook from the device on which you first
downloaded and opened the eBook.
3. Ordering
eBooks: When ordering an eBook from us,
you will be ordering the right to download such eBook from the relevant
publisher and consequently, if Bethlehem Masons accepts your order, delivery
will take place electronically via the internet as described below.
4. Delivery
of eBooks:
1. Where Bethlehem Masons accepts your order, upon receipt or confirmation
of payment, we will obtain your Link to the relevant eBook from the relevant
eBook publisher and deliver such Link to you in your “LibraryBox” page on the
Website. The speed of delivery of a Link will depend on a variety of factors,
most of which are internet related and beyond our control (such as server
availability, ADSL lines etc) and as such, Bethlehem Masons does not hereby
undertake to make delivery within any specific timeframe. However, as a guide
only, delivery should occur within a few seconds, but can also take up to a
number of hours. You will be able to access and click on the Link at any time
following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
1. So as to reduce the risk of fraud, eBook publishers limit the number of
times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but
acknowledge that access to the Link may become blocked after your first click
so as to prevent fraud;
2.
The Link will not appear if you have
removed it, or Bethlehem Masons has removed it pursuant to your having
‘returned’ the eBook (if possible in accordance with Bethlehem Masons’s Returns
Policy pertaining to eBooks from time to time);
3. Bethlehem
Masons does not guarantee that eBook publishers will make their eBooks
available for download indefinitely and Bethlehem Masons accepts no
responsibility or liability to you or any other person if, upon your accessing
and clicking the Link, the relevant eBook publisher no longer has the eBook
available for download via such Link, provided that, if you discover and report
such a problem within 6 months of your receipt of the Link, you will be
entitled to a full refund of the purchase price paid therefor.
2. We do not charge any delivery fees for electronic delivery of the
relevant eBook link, however, you may incur costs (eg internet service provider
fees) associated with downloading the eBook, and we will not under any circumstances be liable for any such costs
incurred by you.
3. Practical
issues to note in utilising the Link to download the eBook:
1.
The Link will contain your unique
reference number as allocated by the publisher of the eBook. By clicking on the
Link, a small locator file, unique to you, will be downloaded and will give you
access to the eBook.
2. IMPORTANT:
the locator file required in order to access the eBooks will only be downloaded
IF the device you are using to click the Link is already associated with the
relevant Reader Application (i.e. if you are using a
PC or Mac to click on the Link, you must have the Adobe Reader installed on
that PC/Mac. If you are using a mobile device to click on the Link, you must
have the Bethlehem Masons eReader installed on that mobile device).
3. If you have any problems relating to the functionality of your Link,
please report same to us here so that we can assist you in resolving the
problem.
5. Returns
of eBooks: Please refer to our Refunds Policy.
6. Illegal
use of eBooks:
1.
All eBooks are the exclusive property
of the publisher or its licensors and are protected by copyright and other
intellectual property laws. The download of eBooks is intended for your
personal and non-commercial use. Any other use of eBooks purchased from us is
strictly prohibited.
2.
You may not modify, transmit,
publish, participate in the transfer or sale of, reproduce, create derivative
works from, distribute, perform, display, or in any way exploit, any of the
content of eBooks, in whole or in part, and more specifically, you will not
print, copy, or ‘lend’ eBooks to any other person. You may also not do anything
which otherwise contravenes any licence conditions imposed by the publisher, as
described on the relevant eBook’s product detail page. These aforementioned
prohibitions are hereinafter referred to as “Illegal Activities”.
3. By
downloading any eBook, you hereby acknowledge and agree to these Terms and
Conditions. You hereby undertake that you shall not do nor try to do any of the
Illegal Activities. You hereby indemnify Bethlehem Masons from any and all
loss, damage, or expense it may suffer or from claims which may be made by
third parties against Bethlehem Masons which arise from or in relation to your
having participated in any Illegal Activities in relation to any eBook sold by Bethlehem
Masons.
7.
For more information and assistance ,
please refer to our FAQ’s: eBooks, which are incorporated by reference:
13. Online
Course Codes
1. An “Online Course” is a form of distance learning which
allows you to develop your skills and knowledge on a certain topic, via the
internet. In order to complete an online course, you need to have your own
email account and access to the internet. You do not need to attend classes or
visit an education campus. On completion, you will typically receive a digital
certificate. Some online courses may require you to complete an assessment
(also done online) to complete the course. Online Courses are accessible by
means of an Online Course Code.
2. An “Online Course Code” is a unique digital code that can
be redeemed on the respective websites of certain Online Course providers. Upon
redeeming the Online Course Code on the website of such Online Course
providers, you will either be enrolled for the particular course automatically,
or you will be given credit on the Online Course provider’s website which will
enable you to enrol for the particular course you have purchased. Your access
to any Online Course Code purchased by you from us will be granted via the
unique digital code that will be sent to you by email, to the email address we
have on file.
3. IMPORTANT
– Limitations relating to Online Course Codes
1.
You will not be able to use Online
Course Codes and / or access Online Courses through the Bethlehem Masons
website. You will have to utilise the Online Course Code and Online Course
through the relevant Online Course provider’s website.
2.
You will need to be connected to the
internet when you use an Online Course Code and / or access the Online Course.
Subsequent usage and access thereof will be subject to the specific Online
Course provider’s website usage restrictions.
4. Ordering
Online Course Codes: when ordering Online Course Codes
from us, you will be ordering the right to access an Online Course from the
relevant Online Course provider, on their website. Consequently, if Bethlehem
Masons accepts your order, delivery will take place electronically via the
internet as described below:
1. Where Bethlehem Masons accepts your order, upon receipt of confirmation
of payment, we will obtain your Online Course Code to the relevant Online
Course and deliver it to you via the email we have on file. For information on
speed of delivery please refer to clause 12.4.1 above. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
1. So as to reduce the risk of fraud, Online Course providers limit the
number of times any Online Course Code can be applied to one application
and you acknowledge that usage of the Online Course Code may become
blocked after your first use so as to prevent fraud;
2.
Access to the Online Course may be
denied if you have completed the Online Course, or Bethlehem Masons has removed
it pursuant to your having ‘returned’ the Online Course (if possible in
accordance with Bethlehem Masons’s Returns Policy pertaining to Online Course
Codes from time to time);
3. Bethlehem
Masons does not guarantee that Online Course providers will make their Online
Courses available for download and use indefinitely and Bethlehem Masons
accepts no responsibility or liability to you or any other person if, upon your
utilising the Online Course Code, the relevant Online Course is no longer
available, provided that, if you discover and report such a problem within 6
months of your receipt of the Online Course Code, you will be entitled to a
full refund of the purchase price paid therefor.
2. We do not charge any delivery fees for electronic delivery of the
relevant Online Course Code, however, you may incur costs (eg internet service
provider fees) associated with accessing and using the Online Course, and we will not under any circumstances be liable for any such costs
incurred by you.
3. Practical
issues to note in utilising the Online Course Code:
1.
The Online Course Code is your unique
code as allocated by the Online Course provider for a particular Online Course.
2.
By utilising the Online Course Code
on the relevant Online Service provider’s website you may be required to sign
up and register on an Online Course provider website, which you acknowledge is
in no way affiliated, associated with or linked to Bethlehem Masons.
3. If you have any problems relating to the usage of your Online Course
Code, please report same to us here so
that we can assist you in resolving the problem.
5. Return of Online Course Codes: please refer
to our Returns Policy.
6. Illegal
use of Online Course Codes:
1.
By purchasing any Online Course Code
and/or accessing any Online Courses you acknowledge and agree that the
provisions of 12.6.1-12.6.3 are applicable to the usage and access thereof.
2. You
hereby acknowledge and agree to these Terms and Conditions and undertake that
you shall not do nor try to do any of the Illegal Activities. You hereby
indemnify Bethlehem Masons from any and all loss, damage, or expense it may
suffer or from claims which may be made by third parties against Bethlehem
Masons which arise from or in relation to your having participated in any
Illegal Activities in relation to any Online Course Code sold by Bethlehem
Masons.
7.
For more information and assistance,
please refer to our FAQ’s: Online Course Codes, which are incorporated by
reference.
14. Third
Party Sellers
1.
Bethlehem Masons will indicate on
relevant product pages and checkout pages when Goods are for sale by a Third
Party Seller. In such cases Bethlehem Masons only provides the platform to
facilitate transactions between Third Party Sellers and Bethlehem Masons
customers. Bethlehem Masons is neither the buyer nor the seller of these Goods
unless otherwise specified.
2.
The Sale formed on acceptance of your
order (in accordance with clause 5.2) for Goods that are for sale by a Third
Party Seller is therefore solely between the registered user and such Third
Party Seller. Bethlehem Masons is not a party to that sale.
3.
The Third Party Seller is solely
responsible for fulfilment of delivery of the Goods. The Third Party Seller is
also responsible to provide an invoice to the registered user if required.
4.
Not all Third Party Sellers are
registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are
registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in
respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may
not charge VAT on Goods sold and will not be in a position to issue a tax
invoice in respect thereof.
5. Because Bethlehem Masons wants the registered user to have a safe and
consistent experience, Bethlehem Masons will handle any returns under the CPA
or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in
connection with the Sale between a registered user and a Third Party Seller on
behalf of the Third Party Seller according to Bethlehem Masons’s own Returns
Policy. Should such claim escalate into being a dispute, although Bethlehem
Masons is entitled to become involved in an attempt to resolve it, Bethlehem
Masons is not obliged to do so and any disputes must be resolved between you
and the relevant Third Party Seller alone.
15. Privacy
policy
1.
We respect your privacy and will take
reasonable measures to protect it, as more fully detailed below.
2.
Should you decide to register as a
user on the Website, we may require you to provide us with personal information
which includes but is not limited to -
1.
your name and surname;
2.
your email address;
3.
your physical address;
4.
your gender;
5.
your mobile number; and
6.
your date of birth.
3.
Should your personal information
change, please inform us and provide us with updates to your personal
information as soon as reasonably possible to enable us to update your personal
information.
4.
You may choose to provide additional
personal information to us, in which event 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.
5.
Subject to clause 15.6 below, we will
not, without your express consent:
1.
use your personal information for any
purpose other than as set out below:
1.
in relation to the ordering, sale and
delivery of Goods;
2.
to contact you regarding current or
new Goods or services or any other goods offered by us or any of our divisions,
affiliates and/or partners (unless you have opted out from receiving marketing
material from us);
3.
to inform you of new features,
special offers and promotional competitions offered by us or any of our
divisions, affiliates and/or partners (unless you have opted out from receiving
marketing material from us); and
4.
to improve our product selection and
your experience on our Website by, for example, monitoring your browsing
habits, or tracking your sales on the Website; or
2.
disclose your personal information to
any third party other than as set out below:
1.
to our employees and/or third party
service providers who assist us to interact with you via our Website, email or
any other method, for the ordering of Goods or when delivering Goods to you,
and thus need to know your personal information in order to assist us to
communicate with you properly and efficiently;
2.
to our divisions, affiliates and/or
partners (including their employees and/or third party service providers) in
order for them to interact directly with you via email or any other method for
purposes of sending you marketing material regarding any current or new goods
or services, new features, special offers or promotional items offered by them
(unless you have opted out from receiving marketing material from us);
3.
to law enforcement, government
officials, fraud detection agencies or other third parties when we believe in
good faith that the disclosure of personal information is necessary to prevent
physical harm or financial loss, to report or support the investigation into
suspected illegal activity, or to investigate violations of these Terms and
Conditions;
4.
to our service providers (under
contract with us) who help with parts of our business operations (fraud
prevention, marketing, technology services etc). However, our contracts dictate
that these service providers may only use your information in connection with
the services they perform for us and not for their own benefit;
5.
to our suppliers in order for them to
liaise directly with you regarding any faulty Goods you have purchased which
requires their involvement; and
6.
to any Third Party Seller for
purposes of sending you an invoice for any Goods purchased from such Third
Party Seller, which disclosed information will be limited to your email address
(refer to clause 14 above).
6. We are entitled to use or disclose your personal information if such use
or disclosure is required in order to comply with any applicable law, subpoena,
order of court or legal process served on us, or to protect and defend our
rights or property. In the event of a fraudulent online payment, Bethlehem
Masons is entitled to disclose relevant personal information for criminal
investigation purposes or in line with any other legal obligation for
disclosure of the personal information which may be required of it.
7.
We will ensure that all of our
employees, third party service providers, divisions, affiliates and partners
(including their employees and third party service providers) having access to
your personal information are bound by appropriate and legally binding
confidentiality obligations in relation to your personal information.
8. Ratings
and Reviews: When you provide a rating or
review of a Product, you consent to us using that rating or review as we deem
fit, including without limitation on the Website, in newsletters or other
marketing material. The name that will appear next to that rating or review is
your First Name, as you would have provided upon registration. If you do not
agree to this, please do not put any ratings or reviews on the Website. We will
not display your Last Name, nor any of your contact details, with a rating or
review.
9.
We will -
1.
treat your personal information as
strictly confidential, save where we are entitled to share it as set out in
this policy;
2.
take appropriate technical and
organisational measures to ensure that your personal information is kept secure
and is protected against unauthorised or unlawful processing, accidental loss,
destruction or damage, alteration, disclosure or access;
3.
provide you with access to your
personal information to view and/or update personal details;
4.
promptly notify you if we become
aware of any unauthorised use, disclosure or processing of your personal
information;
5.
provide you with reasonable evidence
of our compliance with our obligations under this policy on reasonable notice
and request; and
6.
upon your request, promptly return or
destroy any and all of your personal information in our possession or control,
save for that which we are legally obliged to retain.
10.
We will not retain your personal
information longer than the period for which it was originally needed, unless
we are required by law to do so, or you consent to us retaining such
information for a longer period.
11. Bethlehem
Masons undertakes never to sell or make your personal information available to
any third party other than as provided for in this policy.
12. Whilst
we will do all things reasonably necessary to protect your rights of privacy,
we cannot guarantee or accept any liability whatsoever for unauthorised or
unlawful disclosures of your personal information, whilst in our possession,
made by third parties who are not subject to our control, unless such
disclosure is as a result of our gross negligence.
13. If
you disclose your personal information to a third party, such as an entity
which operates a website linked to this Website or anyone other than Bethlehem
Masons, BETHLEHEM MASONS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER
ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO
THE THIRD PARTY. This is because we do not regulate or control how that third
party uses your personal information. You should always ensure that you read
the privacy policy of any third party.
14.
In relation to eBooks –
1.
The Bethlehem Masons eReader is based
on Adobe software. When you use the Bethlehem Masons eReader, you agree that
your data may be collected by and transmitted to Adobe via the Bethlehem Masons
eReader.
2.
Adobe may collect, receive, use and
share this data, but only in accordance with Adobe’s RMSDK Privacy Policy and
general Privacy Policy contained at http://www.adobe.com, as amended time to
time.
3.
Data, in this clause 15.14, means any
information relating to a registered user including all information that could
be used to identify, locate, or contact an individual, and data relating to a
registered user’s use of the relevant Reader Application, which Adobe indicates
it may collect in accordance with its Privacy Policy identified above.
15. This website makes use of “cookies” to automatically collect
information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and
which we may use) to recognise repeat users, facilitate the user’s on-going
access to and use of a website and allow a website to track usage behaviour and
compile aggregate data that will allow the website operator to improve the
functionality of the website and its content, and to display more focused
advertising to a user by way of third party tools. The type of information
collected by cookies is not used to personally identify you. If you do not want
information collected through the use of cookies, there is a simple procedure
in most browsers that allows you to deny or accept the cookie feature. Please
note that cookies may be necessary to provide you with certain features
available on our Website, and thus if you disable the cookies on your browser
you may not be able to use those features, and your access to our Website will
therefore be limited. If you do not disable “cookies”, you are
deemed to consent to our use of any personal information collected using those
cookies, subject to the provisions of this clause 15.
16. Changes
to these Terms and Conditions
1.
Bethlehem Masons may, in its sole
discretion, change any of these Terms and Conditions at any time. It is your
responsibility to regularly check these Terms and Conditions and make sure that
you are satisfied with the changes. Should you not be satisfied, you must not
place any further orders on, or in any other way use, the Website.
2.
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 amended Terms and Conditions have been displayed on
the Website, you will be deemed to have accepted such changes.
17. Electronic
communications
1.
When you visit the Website or send
emails to us, you consent to receiving communications from us or any of our
divisions, affiliates or partners electronically in accordance with our privacy
policy as set out in clause 15 above.
18. Ownership
and copyright
1. The contents of the Website, including any material, information, data,
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 (“Website Content”)
are protected by law, including but not limited to copyright and trade mark
law. The Website Content is the property of Bethlehem Masons, its advertisers
and/or sponsors and/or is licensed to Bethlehem Masons.
2.
You will not acquire any right, title
or interest in or to the Website or the Website Content.
3. Any use, distribution or reproduction of the Website Content is
prohibited unless expressly authorised in terms of these Terms and Conditions
or otherwise provided for in law. To obtain permissions for the commercial use
of any Website Content contact us via our Help page.
4.
Where any of the Website Content has
been licensed to Bethlehem Masons 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.
19. 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.
2.
Whilst Bethlehem Masons takes
reasonable measures to ensure that the content of the Website is accurate and
complete, Bethlehem Masons makes no representations or warranties, whether
express or implied, as to the quality, timeliness, operation, integrity,
availability or functionality of the Website or as to the accuracy,
completeness or reliability of any information on the Website. If any such
representations or warranties are made by Bethlehem Masons’s representatives, Bethlehem
Masons shall not be bound thereby.
3. Bethlehem
Masons disclaims liability for any damage, loss or expenses, 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 therein unless otherwise
provided by law.
4. Although
Goods sold from the Website may, under certain specifically defined
circumstances, be under warranty, the Website itself and all information
provided on the Website is provided “as is” without warranty of any kind,
either express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, completeness,
or non-infringement, as may be allowed in law.
5.
Any views or statements made or
expressed on the Website are not necessarily the views of Bethlehem Masons, its
directors, employees and/or agents.
6. In
addition to the disclaimers contained elsewhere in these Terms and Conditions, Bethlehem
Masons 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, destructive materials or any other data or code
which is able to corrupt, destroy, compromise, disrupt, disable, harm,
jeopardise or otherwise impede in any manner the operation, stability, security
functionality or content of your computer system, computer network, hardware or
software in any way. You accept all risk associated with the existence of such
viruses, destructive materials or any other data or code which is able to
corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in
any manner the operation or content of a computer system, computer network, any
handset or mobile device, or your hardware or software, save where such risks
arise due to the gross negligence or wilful misconduct of Bethlehem Masons, its
employees, agents or authorised representatives. Bethlehem Masons thus disclaims
all liability for any damage, loss or liability of any nature whatsoever
arising out of or in in connection with your access to or use of the Website.
20. Linking
to third party websites
1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our
control, including those of advertisers. These Terms and Conditions do not
apply to those Third Party Websites and Bethlehem Masons is not responsible for
the practices and/or privacy policies of those Third Party Websites or the
“cookies” that those sites may use.
2. Notwithstanding
the fact that the Website may refer to or provide links to Third Party
Websites, your use of such Third Party Websites is entirely at your own risk
and we are not responsible for any loss, expense, claim or damage, whether
direct, indirect or consequential, arising from your use of such Third Party
Websites or your reliance on any information contained thereon.
21. Limitation
of liability
1. Bethlehem
Masons cannot be held liable for any inaccurate information published on the
Website and/or any incorrect prices displayed on the Website, save where such
liability arises from the gross negligence or wilful misconduct of Bethlehem
Masons, its employees, agents or authorised representatives. You are encouraged
to contact us to report any possible malfunctions or errors by way of our Help page.
2. BETHLEHEM
MASONS SHALL NOT 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.
3. YOU
HEREBY INDEMNIFY BETHLEHEM MASONS 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.
22. Availability
and termination
1.
We will use reasonable endeavours to
maintain the availability of the Website, except during scheduled maintenance
periods, and are entitled to discontinue providing the Website or any part
thereof with or without notice to you.
2. Bethlehem
Masons may in its sole discretion terminate, suspend and modify this Website,
with or without notice to you. You agree that Bethlehem Masons will not be
liable to you in the event that it chooses to suspend, modify or terminate this
Website other than for processing any orders made by you prior to such time, to
the extent possible.
3. If
you fail to comply with your obligations under these Terms and Conditions,
including any incident involving payment of the price of an order for any
Goods, this may (in our sole discretion with or without notice to you) lead to
a suspension and/or termination of your access to the Website without any
prejudice to any claims for damages or otherwise that we may have against you.
4. Bethlehem
Masons is entitled, for purposes of preventing suspected fraud and/or where it
suspects that you are abusing the Website and/or have created multiple user
profiles to take advantage of a promotion or Coupon intended by Bethlehem
Masons to be used once-off by you, to blacklist you on its database (including
suspending or terminating your access to the Website), refuse to accept or
process payment on any order, and/or to cancel any order concluded between you
and Bethlehem Masons, in whole or in part, on notice to you. Bethlehem Masons
shall only be liable to refund monies already paid by you (see Bethlehem Masons’s
Returns Policy in this regard), and accepts no other liability which may arise
as a result of such blacklisting and/or refusal to process any order.
5.
At any time, you can choose to stop
using the Website, with or without notice to Bethlehem Masons.
23. Governing
law and jurisdiction
1.
These Terms and Conditions and our
relationship 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. Your continued use of the Website will constitute
your consent and submission to the jurisdiction of the South African courts
regarding all proceedings, transactions, applications or the like instituted by
either party against the other, arising from any of these Terms and Conditions.
2.
In the event of any dispute arising
between you and Bethlehem Masons, you hereby consent to the non-exclusive
jurisdiction of the High Court of the Republic of South Africa (Western Cape
Division, Cape Town) notwithstanding that the quantum in the action or
proceedings may otherwise fall below the monetary jurisdiction of that court.
3.
Nothing in this clause 23 or the
Terms and Conditions limits your right to approach any court, tribunal or forum
of competent jurisdiction in terms of the CPA.
24. Notices
1.
Bethlehem Masons hereby selects 14
Pretorious Street, Bethlehem, Free State, South Africa as its address for
the service of all formal notices and legal processes in connection with these
Terms and Conditions (“legal address”). Bethlehem Masons may change this
address from time to time by updating these Terms and Conditions.
2.
You hereby select the delivery
address specified with your order as your legal address, but you may change it
to any other physical address by giving Bethlehem Masons not less than 7
days’ notice in writing.
3.
Notices must be sent either by hand,
prepaid registered post, telefax or email and must be in English. All notices
sent -
1.
by hand will be deemed to have been
received on the date of delivery;
2.
by prepaid registered post, will be
deemed to have been received 10 days after the date of posting;
3.
by telefax before 16h30 on a business
day will be deemed to have been received, on the date of successful
transmission of the telefax. All telefaxes sent after 16h30 or on a day which
is not a business day will be deemed to have been received on the following business
day; and
4. by email will be deemed to have been on the date indicated in the “Read
Receipt” notification. ALL EMAIL COMMUNICATIONS
BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to
serve as proof that an email has been received.
25. Complaints
1. We are a participant under the Consumer Goods and Services Industry
Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/.
If you have a complaint about the goods or services provided by us or require
information regarding our internal complaints-handling process, please get in
touch with us via our Help page on the Website or you can contact our
call centre on 087 362 8000.
2.
If we don’t resolve your complaint
within 15 (fifteen) business days of you having notified us of it, you are
entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist
in resolving the dispute. The CGSO’s contact details are:
Website: http://www.cgso.org.za/ Sharecall: 0860 000 272
Email: complaints@cgso.org.za
26. Information
1.
For the purposes of the ECT Act, Bethlehem
Masons’s information is as follows, which should be read in conjunction with
its product descriptions and other terms and conditions contained on the
Website:
1. Full
name: Bethlehem Masons Online cc Reg No: 1997 / 060221 / 23
2. Main
business: Retail & Wholesale Store
3. Physical
address for receipt of legal service (also postal and street address): 14 Pretorious
Street,
Bethlehem, Free State, South Africa 9700
4. Office
bearers: Dr Ahmed Zuneit Aziz Muhammad, Mrs
Fiaza Aziz Muhammad
5. Phone
number: +27 83 303 8834
6. Email
address: doc@bhmmasons.co.za
7. PAIA: The manual published in terms of section 51 of the Promotion of Access
to Information Act 2000 may be downloaded from here.
Third Party Sellers’ information is available in the relevant Product listing
and/or via the customer support centre contactable via our Help page.
27. General
1.
Bethlehem Masons may, in its sole
discretion, at any time and for any reason and without prior written notice,
suspend or terminate the operation of the Website or the user’s right to use
the Website or any of its contents subject to us processing any orders then
already made by you.
1.
You may not cede, assign or otherwise
transfer your rights and obligations in terms of these Terms and Conditions to
any third party.
2.
Any failure on the part of you or Bethlehem
Masons to enforce any right in terms hereof shall not constitute a waiver of
that right.
3.
If any term or condition contained
herein is declared invalid, the remaining terms and conditions will remain in
full force and effect.
4.
No variation, addition, deletion, or
agreed cancellation of the Terms and Conditions will be of any force or effect
unless in writing and accepted by or on behalf of the parties hereto.
5. No indulgence, extension of time, relaxation or latitude which any party
(the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of
any of the grantor’s rights and the grantor shall not thereby be prejudiced or
stopped from exercising any of its rights against the grantee which may have
arisen in the past or which might arise in the future.
6.
These Terms and Conditions contain
the whole agreement between you and Bethlehem Masons and no other warranty or
undertaking is valid, unless contained in this document between the parties.