Our Contractors Online Shop (Pty) Ltd – Terms of Service
Introduction and Acceptance
“You” and “your” refer to any person accessing this website.“The Company” refers to Our Contractors Online Shop (Pty) Ltd and any of its subsidiaries, representatives or agents.
By accessing the website at www.ocos.co.za, you are agreeing to be bound by these terms of service, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any one of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
General Disclaimer
The materials on The Company’s website are provided on an ‘as is’ basis. The Company makes no warranties, expressed or implied and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, The Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or services offered.
Limitations of Liability
In no event shall The Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the materials on The Company’s website, even if The Company or a The Company authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The Company will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
for any direct, indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Accuracy of materials
The materials appearing on The Company website could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its website are accurate, complete or current. The Company may make changes to the materials contained on its website at any time without notice. However, The Company does not make any commitment to update the materials.
Links
The Company has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Company of the site. Use of any such linked website is at the user’s own risk.
Modifications
The Company may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of South Africa and you irrevocably submit to the exclusive jurisdiction of the courts in that location.
Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Company express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without The Company’s express prior written consent.
Restricted access
The Company reserves the right to restrict access to certain areas of or the entire website at The Company’s sole discretion.
If The Company provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
The Company may disable your user ID and password in The Company’s sole discretion without notice or explanation.
User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to The Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Company or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The Company reserves the right to edit or remove any material submitted to this website, or stored on The Company servers, or hosted or published upon this website.
Notwithstanding The Company rights under these terms and conditions in relation to user content, The Company does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, The Company does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Exceptions
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Company liability in respect of any:
death or personal injury caused by The Company negligence;
fraud or fraudulent misrepresentation on the part of The Company or
matters which it would be illegal or unlawful for The Company to exclude or limit, or to attempt or purport to exclude or limit, its
Other Parties
You accept that, as a limited liability entity, The Company has an interest in limiting the personal liability of its directors, officers and employees. You agree that you will not bring any claim personally against The Company directors, officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect The Company directors’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Company.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms and conditions.
Indemnity
You hereby indemnify The Company and undertake to keep The Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Company to a third party in settlement of a claim or dispute on the advice of The Company legal advisers) incurred or suffered by The Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to The Company other rights under these terms and conditions, if you breach these terms and conditions in any way, The Company may take such action as The Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Revision
The Company may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.
Protection of Personal Information – Disclaimer
By viewing this website, you hereby acknowledge that you have read and accepted the following Protection of Personal Information (POPI) disclaimer.
You understand and agree that all information provided, whether personal or otherwise, may be used and processed by the “owner” of this website, and such use may include placing such information in the public domain.
Further by continuing to access this website you specifically agree that the Company will use such information provided by you, irrespective of the nature of such information.
Our Contractors Online Shop shall take all reasonable measures to protect the personal information of users and for the purpose of this disclaimer “personal information” shall be defined as detailed in the Promotion of Access to Information Act, Act 2 of 2000 (“PAIA”) and the Protection of Personal Information Act, Act 4 of 2013 (“POPI”).
The PAIA and POPI Acts are available online at www.gov.za/documents/acts
As per the POPI Act personal information refers to information that identifies or relates specifically to you as a person or data subject, for example, your name, age, gender, identity number and your email address. A definition of personal information can be found in the Our Contractors Online Shop’s POPI policy.
The Collection of Personal Information
Employee / Contractor Information
To remunerate the person;
To comply with laws authorising or requiring such processing, including (but not limited to) the Basic Conditions of Employment Act 75 of 1997; the Labour Relations Act 66 of 1995 as amended; the Employment Equity Act 55 of 1998; the Occupational Health and Safety Act 85 of 1993, the Income Tax Act 58 of 1962 and the VAT Act 89 of 1991;
To admit the person to the Pension Fund and/or Medical Aid providers, if applicable;
To conduct criminal, credit, employment reference, and other related reference checks;
To provide value-added services such as human resource administration, training, performance reviews, talent management and other reasons related to the management of employees and/ or contractors.
Customer Information
To render customer-related services and administration of customer accounts;
To conduct criminal, credit, reference, and other related reference checks;
To authenticate the customer;
To provide the customer with information which Our Contractors Online Shop believes may be of interest to the customer, such as information relating to public awareness campaigns and matters of general public interest in which Our Contractors Online Shop is involved or has decided to lend its support to.
Supplier and Third-Party Contractor/Service Provider Information
To secure the products and services of the supplier/service provider or contractor as part of
Our Contractors Online Shop’s product and service offering;
To manage the Our Contractors Online Shop supply chain and relationship with the supplier and/or contractor for any purposes required by law by virtue of the relationship between the supplier and Our Contractors Online Shop;
To render services relating to the administration of supplier/service provider or contractor accounts;
To provide the supplier/service provider or contractor with information which Our Contractors Online Shop believes may be of interest, such as information relating to public awareness campaigns and matters of general public interest in which Our Contractors Online Shop is involved or has decided to lend its support to.
Sources of Personal Information
Personal information may be collected from the following sources:
Directly from the person when he/she applies for any Our Contractors Online Shop’s related employment, provide services to Our Contractors Online Shop, submit forms requests or transactions, use our websites or make use of any of the Our Contractors Online Shop services;
From public registers, credit bureaus and law enforcement agencies and any other organisation from which Our Contractors Online Shop may acquire your information;
From people and entities employed by Our Contractors Online Shop to provide services to Our Contractors Online Shop which may be legally entitled to provide Our Contractors Online Shop with personal information.
The Storage of Personal Information
All personal information collected by Our Contractors Online Shop will be stored as follows:
In a secure and safe manner according to strict information security principles with safeguards to ensure its privacy and confidentiality;
For no longer than is necessary to achieve the purpose for which it was collected unless further retention is:
Required by law or contractual obligation;
Otherwise reasonably required by Our Contractors Online Shop for lawful purposes related to its functions and activities;
Retained further with the person’s consent:
After which the information will be de-identified and disposed of as per the Our Contractors Online Shop Control of Records policy.
Sharing of Personal Information
Any information supplied to Our Contractors Online Shop will be treated as confidential and Our Contractors Online Shop will not disclose information unless legally permitted thereto. No information will be transferred to a Third Party without the explicit consent of the data subject unless legally obliged thereto. By providing the personal information, the data subject agrees that Our Contractors Online Shop may transfer the information to the following people and organisations in pursuit of the data processing purposes set out in our POPI Policy:
To the divisions and entities in the Our Contractors Online Shop Group, including directors, employees, contractors, agents, auditors, legal and other professional advisors who are authorised to process this information;
To financial and government organisations who may request information from Our Contractors Online Shop, in which case the data subject will be notified in advance; the provision of such information, including banks, governmental, judicial, regulatory and law enforcement bodies including the South African Revenue services and the National Credit Regulator;
To persons employed by Our Contractors Online Shop to provide services on our behalf and that adhere to principles similar to Our Contractors Online Shop regarding the treatment of personal information;
To any person to whom Our Contractors Online Shop cede, delegate, transfer or assign any of our rights or obligations pertaining to products and/or services provided to the person or contracts concluded with the person;
To any person who acts as legal guardian, executor of an estate, curator or in a similar capacity;
To any person or persons who may be permitted by applicable law or that you may consent to, including persons or entities who may request such information to evaluate the credit worthiness of the person.
Your Rights regarding your Personal Information
A data subject (employee, contractor, supplier and/or customer) has the following rights to his/her personal information collected, processed and stored by Our Contractors Online Shop:
Right of access to and the right to rectify or update the personal information collected;
The right to object at any time to the processing of the personal information in which event the consequences of the objection will be explained to the data subject;
The right to request Our Contractors Online Shop to no longer process the personal information of the data subject should the information not be required for further processing or by law.
General Conditions pertaining to Personal Information
Our Contractors Online Shop accepts no liability whatsoever for any loss, damage (whether direct, indirect, special or consequential) and/or expenses of any nature whatsoever which may arise as a result of, or which may be attributable directly or indirectly from information made available on these pages or links, or actions or transaction resulting there from.
The Laws of the Republic of South Africa will govern all terms and conditions of any products and services contained in these pages. Should you request products or services through the Our Contractors Online Shop Website you hereby consent and submit to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by each party against the other, and in any way arising from any stated terms and conditions. If you do not agree to be bound by these terms, please exit this page and do not access or use the website.
Payment Terms, Refund & Cancellation Policy
Payment Terms
Payment must be made in advance, either prior to or on the day of the scan. Payment can be made by EFT, or via YOCO.
Refund Policy
Refund and Returns Policy
Our refund and returns policy lasts 7 days. If 7 days have passed since your purchase, we can’t offer you a full refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Several types of goods are exempt from being returned. All cement, hazardous materials, or flammable liquids or gases.
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted:
Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Any item that is returned more than 7 days after delivery
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at returns@ocos.co.za.
Sale items
Only regular priced items may be refunded. Sale items cannot be refunded.
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at returns@ocos.co.za and send your item to: {physical address}.
To return your product, you should mail your product to:
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Contact us at returns@ocos.co.za for questions related to refunds and returns.
