Terms of service
Terms of service
1. Introduction
These Terms and Conditions are binding and enforceable against every person (“you” or “your”) that accesses or uses this Website and/ or purchases products from Zambia iStore t/a iStore (the “Store”)
This website can be accessed at www.myistore.co.zm.
By using the Website and by clicking on the “I Accept” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
If there is any provision in these Terms and Conditions that you do not understand, you may click on the “Contact Us” link and request that iStore explain it to you before you accept the Terms and Conditions or continue using the Website.
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 iStore.
iStore permits the use of this Website subject to these 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 these Terms and Conditions.
2. Use of the Website
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.
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. You also agree that all content 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 (the “Content”) belongs to iStore and you shall not therefore in any way use any robot, spider, other automatic device, or manual process to monitor, copy, reverse engineer, distribute or modify the Website or the information contained herein, without the prior written consent from iStore.
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
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 iStore.
3. Errors
iStore shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the Website or the Store. However, should there be any errors of whatsoever nature on the Website or Store (which are not due to iStore’s gross negligence), iStore 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.
iStore shall not be bound by any incorrect information regarding the products displayed on any third-party websites.
4. Privacy
Please refer to our Privacy Policy incorporated by reference (which means that it forms part of these Terms and Conditions).
5. Changes to these Terms and Conditions
iStore 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.
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.
6. Disclaimer
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.
Whilst iStore takes reasonable measures to ensure that the content of the Website is accurate and complete, iStore 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 iStore’s representatives, iStore shall not be bound thereby.
iStore 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.
Although the products sold from the Website or a iStore 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.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, iStore 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 iStore, its employees, agents or authorised representatives. iStore 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.
7. Linking to third party websites
This Website may contain links or references to other websites (“Other Websites”) which are outside of iStore control. These Terms and Conditions do not apply to those Other Websites and iStore is not responsible for the practices and/or privacy policies of those Other Websites or the “cookies” that those sites may use.
Notwithstanding the fact that the Website may refer to or provide links to Other Websites, your use of such Other 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 Other Websites or your reliance on any information contained thereon.
8. Limitation of liability
iStore 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 iStore, its employees, agents or authorised representatives.
To the extent permissible by law, iStore will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising out of your use of any of the iStore products.
iStore will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising including but not limited to, your use of this Website, activity on the Website and or any linked Other Websites.
You hereby indemnify iStore and hold it harmless against any loss or damage you or any third party may suffer as a result of your use of this Website, any Other Website and/or the iStore products.
9. Availability and termination
iStore 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.
iStore may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that iStore 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.
10. Complaints and notice
All complaints and queries should be sent by email to sales-zam@myistore.co.zm
Any legal notices that you give iStore under this contract must be sent by registered post to PO Box 782162, Sandton, 2146, South Africa.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All e-mail communications between you and iStore must make use of the “Read Receipt” function to serve as proof that the e-mail has been received.
Where iStore needs to give you any notice as provided for in these Terms and Conditions or provide additional information about the products and services supplied to you, iStore will do so by sending you an email or posting a notice on this Website. You hereby consent to iStore providing you with notices or information in this way.
11. Governing law and jurisdiction
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 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.
In the event of any dispute arising between you and iStore, you hereby consent to the non-exclusive jurisdiction of the High Court of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 16 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.
12. General
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or iStore to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
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.
If you need to obtain a sales record of your transaction to buy products through the iStore Website, you can contact iStore within 30 days of the transaction.
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.
These Terms and Conditions contain the whole agreement between you and iStore and no other warranty or undertaking is valid, unless contained in this document between the parties.