Terms & Conditions of Use
1. Definition
1.1. Effective date: December 2020;
1.2. “CPA” means the Consumer Protection Act, 2008;
1.3. “The Company” means HRK Retail;
1.4. “The Client” means users of the Service and/ or Social Media Pages;
1.5. “HRK Retail” means Retail Stock Solutions CC trading as HRK Gauteng;
1.6. “Service” is the website (www.hrk.co.za) operated by The Company;
1.7. “Social Media Pages” means The Company’s social media pages, groups, accounts or profiles, including but not limited to the Facebook profile at https://www.facebook.com/HRKSoftware , the Instagram account at https://www.instagram.com/hrk_pos/ , and YouTube account HRK POS Solutions; and
1.8. “Terms” means the terms of this HRK Retail Disclaimer which may be amended by The Company from time to time. The latest Terms will be published on www.hrk.co.za and accessible through the Social Media Pages.
1.1. Effective date: December 2020;
1.2.
“CPA” means the Consumer Protection Act, 2008;
1.3.
“The Company” means HRK Retail;
1.4.
“The Client” means users of the Service and/ or
Social Media Pages;
1.5.
“HRK Retail” means Retail Stock Solutions CC
trading as HRK Gauteng;
1.6. “Service” is the website (www.hrk.co.za) operated by The Company;
1.7.
“Social Media Pages” means The Company’s social
media pages, groups, accounts or profiles, including but not limited to the
Facebook profile at https://www.facebook.com/HRKSoftware
, the Instagram account at https://www.instagram.com/hrk_pos/
, and YouTube account HRK POS Solutions; and
1.8.
“Terms” means the terms of this HRK Retail
Disclaimer which may be amended by The Company from time to time. The latest
Terms will be published on www.hrk.co.za and
accessible through the Social Media Pages.
2. Introduction
3. Governing Law and Jurisdiction
3.1.
By accessing or using this Service, The Client
hereby agrees that:
3.1.1. the Client accepts this
disclaimer in full; accordingly, if The Client disagree with this disclaimer or
any part of this disclaimer, The Client must not use our Service. The Company
may revise this disclaimer from time to time. Such revised disclaimer shall
apply to the use of our Service from the time of publication of the revised
disclaimer on the Service;
3.1.2. any dispute of whatsoever
nature relating to or arising out of any use of or inability to use this Service,
whether directly or indirectly, shall be governed by the laws of the Republic
of South Africa without giving effect to any principle of conflict of laws, and
shall be subject to the exclusive jurisdiction of the courts of the Republic of
South Africa;
3.1.3. such access or use shall
be regulated by the terms and conditions set out herein;
3.1.4. any reliance on or use of
any information contained in this Service shall be at The Client’s own risk.
4. Intellectual property
4.1. The “HRK Retail” name and logo are the
intellectual property of The Company and may not be used in any way without
obtaining our prior written permission.
4.2. Subject to the platform operator’s terms of use
of any Social Media Pages (which will take precedence in the event of a
conflict with these Terms):
4.2.1. all other content on the Service
and/or Social Media Pages (including text, images, videos, sound recordings and
drawings), whether uploaded by The Company or any other person, and all rights
in the content, are either owned by The Company or licenced to The Company and
may be used for The Client’s own personal, lawful, non-commercial use only;
4.2.2. where The Client upload
any content (including text, images, videos, sound recordings and drawings)
onto the Service and/or Social Media Pages, The Client irrevocably assign to
The Company all right, title and interest in that content and waive all moral
rights in that content. The Company may use that content for any purpose,
including commercial and advertising purposes;
4.2.3. the Client may not upload
any content on the Service or Social Media Pages that:
4.2.3.1. is harmful to or inappropriate in respect of The
Company, Our employees, Our brands and reputation;
4.2.3.2. contravene any laws;
4.2.3.3. infringes any rights of third parties, including
intellectual property rights and privacy rights; and
4.2.3.4. is defamatory, racist, political in nature,
discriminatory, obscene, pornographic or abusive,
4.3. We and our employees, directors or agents will
not be liable for, and The Client indemnify and hold The Company harmless
against, any loss, damage or other liability arising from, or connected to, any
content that The Client upload onto the Service and Social Media Page.
4.4. The effect of this clause 4.4 is that no person
(including The Client) will be entitled to make any claims against The Company where
The Client or they have suffered any loss or harm as a result of any content
that The Client upload onto the Service and Social Media Page and The Client
will reimburse The Company for any losses that we suffer as a result of that
content.
4.5. The Client may not use any content from the Service
and/or Social Media Pages (whether uploaded by The Client, HRK Retail or any
other person) in any way for any purpose other than those specified in clause 4.2(i)
without first obtaining Our prior written permission. This means that the
following acts are prohibited:
4.5.1. storing content from the Service
and/or Social Media Pages in any form including electronically;
4.5.2. copying content from the Service
and/or Social Media Pages;
4.5.3. distributing content from
the Service and/or Social Media Pages; and
4.5.4. translating, modifying or
adapting the content on the Service and/or Social Media Pages in any manner or
form.
5. General Disclaimers
5.1. We cannot guarantee the security of any data
transmitted online, and by using the Service and/or Social Media Pages, The
Client accepts the risk of providing information on the Service and/or Social
Media Pages.
5.2. We make no warranties or representations as to
the accuracy, completeness or availability of the Service and Social Media
Pages.
5.3. We regularly check the Service for viruses but
do not warrant that the Service or Social Media Pages are free from all errors
and viruses or any other harmful software or devices that have the ability to
corrupt The Client’s computer or other devices. The Client should ensure that The
Client has appropriate anti-virus protections in place.
5.4. We do not warrant that the Service and/or Social
Media Pages are compatible with The Client’s computer equipment or software.
5.5. Use of the Service and/or Social Media Pages is
at The Client’s own risk. We will not be liable for any loss or damage
resulting from use of, or the inability to use, the Service and/or Social Media
Pages.
5.6. Any Services, to which links are provided on the
Service and/or Social Media Pages, are not necessarily endorsed by The Company.
Some Services contain material that is harmful, obscene or offensive and The
Client should use discretion when linking to other Services from the Service
and/or Social Media Pages. Doing so is at The Client’s own risk. We will not be
liable for any loss, damage or other liability arising from The Client’s use of
any third-party Services or for the content, privacy policies, or practices of
any third-party Services.
6. The Client's Privacy
6.1. We respect the privacy of all visitors to this site. The Client may use view our Privacy Policy for more information.
7. Limitation of liability
7.1. Subject to the provisions of the CPA and except
as explicitly provided for in Our general terms for the sale of products, The
Company and Our employees, directors or agents will not be liable for, and The
Client indemnify and hold The Company harmless against, any loss or harm,
direct, indirect or consequential, arising from, or connected to—
7.1.1. the Client’s use of the Service
and/or Social Media Pages;
7.1.2. the Client’s inability to
use the Service and/or Social Media Pages;
7.1.3. any operational failure
of the Service and/or Social Media Pages;
7.1.4. unlawful activity on the Service
and/or Social Media Pages and/or any linked third-party Services;
7.1.5. any virus or other
harmful code downloaded from the Service and/or Social Media Pages;
7.1.6. the Client uploading or
transmitting a virus, computer program or code onto the Service and/or Social
Media Pages; and/or
7.1.7. breach of security over
the Service and/or Social Media Pages unless it is due to Our gross negligence.
7.2. If The Client breach any of these Terms, The Company may suspend or permanently remove The Client’s access to the Service or Social Media Pages without notice to The Client.
8. The Client’s Comments
8.1.
The Company value feedback received from visitors
to The Company site. However, The Client agree not to transmit any material
that is unlawful, harmful, defamatory, abusive, threatening, vulgar or obscene.
The Client remain liable to any third party for The Client’s comments, and The
Company is not liable to any third party for the content of The Client’s
comments.
8.2. Please also note that The Company cannot respond to all feedback we receive.
Feedback : Contact HRK Retail
9. Linking
9.1. Any third party wishing to link to this website
from their website must obtain permission from The Company and permission may
be granted on terms and conditions agreed.