Terms & Conditions · Shatterprufe

Introduction
1. This website can be accessed at https://shatterprufe.co.za, (the “Website”) and is owned and operated by PG Group (Proprietary) Limited (“PG”, “Shatterprufe”, “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 “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.
4. The Website enables you to order online for a range of automotive glass products and sundry items (“Goods”) listed on the website.
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 Shatterprufe or a third party; and/or
  2. may create risk or liability for the user; and/or
  3. may compel the user to indemnify Shatterprufe 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 Shatterprufe to explain it to you before you accept the Terms and Conditions or continue using the Website.
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 Shatterprufe in terms of the CPA.
6. Shatterprufe 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.

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 Shatterprufe. This information may be verified by Shatterprufe. 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. PLEASE NOTE: that a charge of R35.00 shall be levied by Shatterprufe for every successful search on any dealer part(s). A monthly report shall be produced at the end of each month recording successful and unsuccessful dealer part(s) searches completed by you on the Website.
7. You agree to notify Shatterprufe 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.
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 Shatterprufe representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
Conclusion of sales and availability of stock
1. Users may place orders for Goods, which Shatterprufe may accept or reject. Whether or not Shatterprufe 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 Shatterprufe for the Goods.
2. NOTE: Shatterprufe 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 Shatterprufe come into effect (the “Sale”). This is regardless of any communication from Shatterprufe stating that your order or payment has been confirmed. Shatterprufe will indicate the rejection of your order) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Payment
1. We are committed to providing secure online payment facilities.
2. 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. Shatterprufe will not accept or deliver your order if payment is not reflected on ;
  4. Instant EFT;
  5. cash on delivery. By selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.
3. All payments must be paid on or before the 26^th day of the month immediately following receipt of statement.
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.
2. Shatterprufe shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
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; and
  4. your mobile number.
3. Should your personal information change, it is incumbent on you to update your personal profile on the catalogue. Shatterprufe shall not be responsible for any harm or loss resulting from or connected with your failure and/or refusal to update your information as aforesaid.
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 7.6 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 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, Shatterprufe 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. 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.
9. 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.
10. Shatterprufe undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
11. 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.
Changes to these Terms and Conditions
1. Shatterprufe 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 have be deemed to have accepted such changes.
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 Shatterprufe.
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.
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 Shatterprufe takes reasonable measures to ensure that the content of the Website is accurate and complete, Shatterprufe makes no representations or warranties, whether express or implied, as to the quality, quantity, 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 Shatterprufe’s representatives, Shatterprufe shall not be bound thereby.
3. Shatterprufe 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. Any views or statements made or expressed on the Website are not necessarily the views of Shatterprufe, its directors, employees and/or agents.
5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Shatterprufe 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 Shatterprufe, its employees, agents or authorised representatives. Shatterprufe 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.
Limitation of liability
1. Shatterprufe 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 Shatterprufe, its employees, agents or authorised representatives.
2. SHATTERPRUFE 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 SHATTERPRUFE 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.
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. Shatterprufe may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Shatterprufe 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. Shatterprufe 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 Shatterprufe 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 Shatterprufe, in whole or in part, on notice to you. Shatterprufe shall only be liable to refund monies already paid by you, 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 Shatterprufe.
Ranking

Should the user have completed an “ARC1” credit application from it is agreed that the terms and conditions of that document shall rank in superiority to the Terms and Conditions contained herein. In the event of any conflict between the terms and conditions of the ARC1 from and these Terms and Conditions, the terms and Conditions of the ARC1 form shall prevail.

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.
Dispute Resolution
1. Negotiation
  1. Should a dispute of whatsoever nature arise between the Parties in regard to this Agreement or its subject matter, the aggrieved Party shall be entitled to call for a meeting to be held with the defaulting Party, on at least 2 (two) Business Days’ prior written notice, to negotiate a settlement of such dispute (“Negotiation Meeting”).
  2. Should the defaulting Party refuse or be unable to attend the Negotiation Meeting, the matter must be referred to arbitration in terms of clause 14.2.
2. Arbitration
  1. Should a settlement agreement resolving the dispute not be signed by the Parties within 5 (five) Business Days after the Negotiation Meeting, the dispute must be referred to arbitration to be finally resolved in accordance with the Expedited Rules of the Arbitration Foundation of Southern Africa (“AFSA”) on written notice given to the defaulting Party.
  2. The arbitration shall be held at Johannesburg and in the English language.
  3. There shall be 1 (one) arbitrator who shall, if the question in issue is –
    1. primarily an accounting matter, be an independent chartered accountant with not less than 10 (ten) years’ experience as a chartered accountant;
    2. primarily a legal matter, be a practising senior counsel; or
    3. any technical matter, be an independent expert.
  4. The appointment of the arbitrator shall be agreed upon between the Parties in writing or, failing agreement by the Parties within 5 (five) Business Days after the arbitration has been demanded, at the request of either of the Parties shall be nominated by the chairman for the time being of AFSA who, in making the appointment, shall have regard to the nature of the dispute, whereupon the Parties shall forthwith appoint such person as the arbitrator.
  5. The arbitrator shall be obliged to give his award in writing fully supported by reasons.
  6. The Parties irrevocably agree that the decision in arbitration proceedings shall be final and binding upon the Parties, shall be carried into effect and may be made an order of any court of competent jurisdiction.
  7. This clause is severable from the rest of this Agreement and therefore shall remain effective between the Parties even if this Agreement is terminated or cancelled.
  8. Any arbitration in terms of this clause shall be conducted "in camera" and the Parties shall treat as confidential and not disclose to any third party details of the dispute submitted to arbitration, the conduct of the arbitration proceedings or the outcome of the arbitration.
  9. The Party against whom the arbitration award is made (unsuccessful Party in the arbitration proceedings), shall be liable for the actual legal costs incurred by the aggrieved party in regard to the dispute, even in excess of the attorney and client scale, including the costs of counsel as on brief and the costs of the arbitration.
  10. This clause 14 shall not operate to preclude any Party from instituting legal proceedings for interim relief in respect of urgent matters, for which purpose the Parties submit to the jurisdiction of a division of the High Court of RSA.
Notices
1. Shatterprufe hereby selects 18 Skeen Boulevard, Bedford view, Johannesburg as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Shatterprufe 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 Shatterprufe 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.
General
1. Shatterprufe 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.
2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
3. Any failure on the part of you or Shatterprufe to enforce any right in terms hereof shall not constitute a waiver of that right.
4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
5. 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.
6. 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.
7. These Terms and Conditions contain the whole agreement between you and Shatterprufe and no other warranty or undertaking is valid, unless contained in this document between the parties.