Content

  1. Introduction
    1. This website can be accessed at activateme.tech, related mobi-sites and software applications (the “Website”) and is owned and operated by ActivateMe Online (RF) (Proprietary) Limited (“ActivateMe”, “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, music, toys, pet supplies, and more (“Goods”).
    5. ActivateMe allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). ActivateMe 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 ActivateMe. This will be made clear in the relevant clause.

 

  1. 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 ActivateMe or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify ActivateMe 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 ActivateMe 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 ActivateMe in terms of the CPA.
    6. ActivateMe 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.
    7.  
  2. 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).

 

  1. 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 ActivateMe. 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 ActivateMe 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 ActivateMe 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 ActivateMe representative.

 

  1. Conclusion of sales and availability of stock
    1. Registered users may place orders for Goods, which ActivateMe or the Third Party Seller may accept or reject. Whether or not ActivateMe 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 ActivateMe for the Goods.
    2. NOTE: ActivateMe 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 ActivateMe or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from ActivateMe stating that your order or payment has been confirmed. ActivateMe will indicate the rejection of your order (by ActivateMe 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 televisionwill 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 ActivateMe 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 ActivateMe, ActivateMe 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, ActivateMe 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, ActivateMe relies on inventory information supplied by the relevant Third Party Seller and ActivateMe 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 Help Centre: Pre-Order, which are incorporated by reference.

 

  1. 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 ActivateMe or a Third Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) -
      1. debit card; where payment is made by debit 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 debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      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. ActivateMe 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 Help Centre); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.
      6. MasterPass;
      7. ActivateMe Vouchers;
      8. Mobicred
    3. The above payment options are explained in more detail in our Help Centre: Payment, which are incorporated by reference.
    4. You may contact us via our Help Centreto 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.
  2. Delivery of goods
    1. ActivateMe 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 Help Centre, 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 Help Centre 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, ActivateMe 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. ActivateMe’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. ActivateMe 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.

 

  1. 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. ActivateMe shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

 

  1. Gift Vouchers & Coupons
    1. ActivateMe 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 ActivateMe 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 ActivateMe 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 or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
      3. ActivateMe 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.

 

  1. Coupons
    1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“FixedCoupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
    2. Coupons are issued in ActivateMe’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. ActivateMe 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 ActivateMe 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 ActivateMe, before you are able to use a Coupon.
    7. Click here for instructions on how to use/redeem a promotional coupon.
  2. 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 scopeof 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 fallsoutside 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.

 

  1. Bundle Deals
    1. We may from time to time offer bundle deals for sale under the Bundle Deals tab on the Website (“BundleDeals“). 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.

 

  1. 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 ActivateMe 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 ActivateMe accepts your order, delivery will take place electronically via the internet as described below:
      1. Where ActivateMe 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 ActivateMe has removed it pursuant to your having ‘returned’ the Online Course (if possible in accordance with ActivateMe’s Returns Policy pertaining to Online Course Codes from time to time);
        3. ActivateMe does not guarantee that Online Course providers will make their Online Courses available for download and use indefinitely and ActivateMe 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 ActivateMe.
        3. If you have any problems relating to the usage of your Online Course Code, please report same to us hereso that we can assist you in resolving the problem.
      4. Return of Online Course Codes: please refer to our Returns Policy.
      5. 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 ActivateMe from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against ActivateMe which arise from or in relation to your having participated in any Illegal Activities in relation to any Online Course Code sold by ActivateMe.
      6. For more information and assistance, please refer to our Help Centre: Product and Stock, which are incorporated by reference.

 

  1. Third Party Sellers
    1. ActivateMe will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases ActivateMe only provides the platform to facilitate transactions between Third Party Sellers and ActivateMe customers. ActivateMe 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. ActivateMe 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 ActivateMe wants the registered user to have a safe and consistent experience, ActivateMe 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 ActivateMe’s own Returns Policy. Should such claim escalate into being a dispute, although ActivateMe is entitled to become involved in an attempt to resolve it, ActivateMe is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
  2. Privacy policy
    1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
  3. Changes to these Terms and Conditions
    1. ActivateMe 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.
  4. 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.
  5. 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 ActivateMe, its advertisers and/or sponsors and/or is licensed to ActivateMe.
    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 Centre.
    4. Where any of the Website Content has been licensed to ActivateMe 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.

 

  1. 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 ActivateMe takes reasonable measures to ensure that the content of the Website is accurate and complete, ActivateMe 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 ActivateMe’s representatives, ActivateMe shall not be bound thereby.
    3. ActivateMe 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 ActivateMe, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, ActivateMe 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 ActivateMe, its employees, agents or authorised representatives. ActivateMe 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.

 

  1. 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 ActivateMe 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.

 

  1. Limitation of liability
    1. ActivateMe 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 ActivateMe, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help Centre.
    2. ACTIVATEME 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 ACTIVATEME 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.

 

  1. 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. ActivateMe may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that ActivateMe 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. ActivateMe 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 ActivateMe 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 ActivateMe, in whole or in part, on notice to you. ActivateMe shall only be liable to refund monies already paid by you (see ActivateMe’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 ActivateMe.

 

  1. 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 ActivateMe, 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.

 

  1. Notices
    1. ActivateMe hereby selects 12th Floor, 10 Rua Vasco Da Gama Plain, Foreshore, Cape Town,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). ActivateMe 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 ActivateMe 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” FUNCTIONto serve as proof that an email has been received.

 

  1. Complaints 
    1. 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 Centreon the Website or you can contact our call centre on 087 362 8000.
    2. If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are:  Website: http://www.cgso.org.za/Sharecall: 0860 000 272 Email: [email protected]

 

  1. Information
    1. For the purposes of the ECT Act, ActivateMe’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: Activate Capital (Pty) Ltd, a private company registered in South Africa with registration number 2017/430153/07
      2. Main business: Telecommunications & Online Retailer
      3. Physical address for receipt of legal service (also postal and street address): Tuscany Office Park, Building 9, 6 Coombe Place, Rivonia Ext 1, Gauteng, 2128 (marked for attention: Management)
      4. Office bearers: Kyle Stimpson and Shouneze le Grange.
      5. Phone number: +27 11 612 3690
      6. Email address: [email protected]

 

  1. General
    1. ActivateMe 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 ActivateMe 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 ActivateMe and no other warranty or undertaking is valid, unless contained in this document between the parties.

 

    1. General
      1. ActivateMe 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 ActivateMe 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.
          1. Information
            1. For the purposes of the ECT Act, ActivateMe’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: Activate Capital (Pty) Ltd, a private company registered in South Africa with registration number 2017/430153/07
              2. Main business: Telecommunications & Online Retailer
              3. Physical address for receipt of legal service (also postal and street address): Tuscany Office Park, Building 9, 6 Coombe Place, Rivonia Ext 1, Gauteng, 2128 (marked for attention: Management)
              4. Office bearers: Kyle Stimpson and Shouneze le Grange.
              5. Phone number: +27 11 612 3690
              6. Email address: [email protected]These Terms and Conditions contain the whole agreement between you and ActivateMe and no other warranty or undertaking is valid, unless contained in this document between the parties.
                1. Introduction
                  1. This website can be accessed at activateme.tech, related mobi-sites and software applications (the “Website”) and is owned and operated by ActivateMe Online (RF) (Proprietary) Limited (“ActivateMe”, “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, music, toys, pet supplies, and more (“Goods”).
                  5. ActivateMe allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). ActivateMe 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 ActivateMe. This will be made clear in the relevant clause.

                 

                1. 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 ActivateMe or a third party; and/or
                    2. may create risk or liability for the user; and/or
                    3. may compel the user to indemnify ActivateMe 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 ActivateMe 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 ActivateMe in terms of the CPA.
                  6. ActivateMe 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.

                 

                1. 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).

                 

                1. 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 ActivateMe. 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 ActivateMe 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 ActivateMe 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 ActivateMe representative.

                 

                1. Conclusion of sales and availability of stock
                  1. Registered users may place orders for Goods, which ActivateMe or the Third Party Seller may accept or reject. Whether or not ActivateMe 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 ActivateMe for the Goods.
                  2. NOTE: ActivateMe 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 ActivateMe or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from ActivateMe stating that your order or payment has been confirmed. ActivateMe will indicate the rejection of your order (by ActivateMe 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 televisionwill 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 ActivateMe 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 ActivateMe, ActivateMe 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, ActivateMe 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, ActivateMe relies on inventory information supplied by the relevant Third Party Seller and ActivateMe 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 Help Centre: Pre-Order, which are incorporated by reference.

                 

                1. 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 ActivateMe or a Third Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) -
                    1. debit card; where payment is made by debit 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 debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
                    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. ActivateMe 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 Help Centre); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.
                    6. MasterPass;
                    7. ActivateMe Vouchers;
                    8. Mobicred
                  3. The above payment options are explained in more detail in our Help Centre: Payment, which are incorporated by reference.
                  4. You may contact us via our Help Centreto 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.
                2. Delivery of goods
                  1. ActivateMe 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 Help Centre, 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 Help Centre 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, ActivateMe 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. ActivateMe’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. ActivateMe 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.

                 

                1. 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. ActivateMe shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

                 

                1. Gift Vouchers & Coupons
                  1. ActivateMe 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 ActivateMe 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 ActivateMe 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 or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
                    3. ActivateMe 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.

                 

                1. Coupons
                  1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“FixedCoupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
                  2. Coupons are issued in ActivateMe’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. ActivateMe 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 ActivateMe 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 ActivateMe, before you are able to use a Coupon.
                  7. Click here for instructions on how to use/redeem a promotional coupon.
                2. 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 scopeof 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 fallsoutside 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.

                 

                1. Bundle Deals
                  1. We may from time to time offer bundle deals for sale under the Bundle Deals tab on the Website (“BundleDeals“). 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.

                 

                1. 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 ActivateMe 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 ActivateMe accepts your order, delivery will take place electronically via the internet as described below:
                    1. Where ActivateMe 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 ActivateMe has removed it pursuant to your having ‘returned’ the Online Course (if possible in accordance with ActivateMe’s Returns Policy pertaining to Online Course Codes from time to time);
                      3. ActivateMe does not guarantee that Online Course providers will make their Online Courses available for download and use indefinitely and ActivateMe 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 ActivateMe.
                      3. If you have any problems relating to the usage of your Online Course Code, please report same to us hereso that we can assist you in resolving the problem.
                    4. Return of Online Course Codes: please refer to our Returns Policy.
                    5. 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 ActivateMe from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against ActivateMe which arise from or in relation to your having participated in any Illegal Activities in relation to any Online Course Code sold by ActivateMe.
                    6. For more information and assistance, please refer to our Help Centre: Product and Stock, which are incorporated by reference.

                 

                1. Third Party Sellers
                  1. ActivateMe will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases ActivateMe only provides the platform to facilitate transactions between Third Party Sellers and ActivateMe customers. ActivateMe 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. ActivateMe 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 ActivateMe wants the registered user to have a safe and consistent experience, ActivateMe 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 ActivateMe’s own Returns Policy. Should such claim escalate into being a dispute, although ActivateMe is entitled to become involved in an attempt to resolve it, ActivateMe is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
                2. Privacy policy
                  1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
                3. Changes to these Terms and Conditions
                  1. ActivateMe 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.
                4. 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.
                5. 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 ActivateMe, its advertisers and/or sponsors and/or is licensed to ActivateMe.
                  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 Centre.
                  4. Where any of the Website Content has been licensed to ActivateMe 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.

                 

                1. 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 ActivateMe takes reasonable measures to ensure that the content of the Website is accurate and complete, ActivateMe 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 ActivateMe’s representatives, ActivateMe shall not be bound thereby.
                  3. ActivateMe 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 ActivateMe, its directors, employees and/or agents.
                  6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, ActivateMe 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 ActivateMe, its employees, agents or authorised representatives. ActivateMe 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.

                 

                1. 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 ActivateMe 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.

                 

                1. Limitation of liability
                  1. ActivateMe 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 ActivateMe, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help Centre.
                  2. ACTIVATEME 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 ACTIVATEME 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.

                 

                1. 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. ActivateMe may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that ActivateMe 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. ActivateMe 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 ActivateMe 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 ActivateMe, in whole or in part, on notice to you. ActivateMe shall only be liable to refund monies already paid by you (see ActivateMe’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 ActivateMe.

                 

                1. 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 ActivateMe, 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.

                 

                1. Notices
                  1. ActivateMe hereby selects 12th Floor, 10 Rua Vasco Da Gama Plain, Foreshore, Cape Town,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). ActivateMe 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 ActivateMe 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” FUNCTIONto serve as proof that an email has been received.

                 

                1. Complaints 
                  1. 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 Centreon the Website or you can contact our call centre on 087 362 8000.
                  2. If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are:  Website: http://www.cgso.org.za/Sharecall: 0860 000 272 Email: [email protected]

                 

Cookies

We employ the use of cookies. By accessing Bethemestore, you agreed to use cookies in agreement with the Bethemestore's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Bethemestore and/or its licensors own the intellectual property rights for all material on BethemeStore. All intellectual property rights are reserved. You may access this from Bethemestore for your own personal use subjected to restrictions set in these terms and conditions.

You must not:
  • Republish material from BethemeStore
  • Sell, rent or sub-license material from BethemeStore
  • Reproduce, duplicate or copy material from BethemeStore
  • Redistribute content from BethemeStore

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Generator.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Bethemestore does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of BethemeStore, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Bethemestore shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Bethemestore reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:
  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity;

You hereby grant Bethemestore a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses;
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms;
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Bethemestore; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Bethemestore . Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Bethemestore's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions. Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.