Terms and Conditions

    1

    Introduction

    1.1
    This website can be accessed at www.CNA.co.za (the “Website”) is owned and operated by CNA Operations (Proprietary) Limited.
    1.2
    These Website Terms and Conditions (“Terms and Conditions” or “Terms”) govern the ordering, sale and delivery of Products, and the use of the Website.
    1.3
    These Terms and Conditions govern your access to the website located at www.CNA.co.za and associated web pages.
    1.4
    These Terms and Conditions are a valid and binding contract between you and us. It is therefore important that you read and understand these Terms.
    1.5
    You may not access the Website unless you agree to abide by these Terms and Conditions without modification.
    1.6
    By accessing the Website and/or registering on the Website, you signify your agreement to these Terms and Conditions.
    2

    Other References and Definitions

    2.1
    These Terms may contain a number of terms and phrases which have a specific meaning in this document. In these Terms, headings are for convenience and shall not be used in its interpretation.
    2.2
    Unless we indicate to the contrary in these Terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
    2.3
    The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings –
    2.3.1
    “access” when used in the context of –
    2.3.2
    “content” means all information which you may have access to which is contained in the CNA Website;
    2.3.3
    “Product” means the Products which can be purchased on the Website in terms of these Terms and “Products” shall have a similar meaning;
    2.3.4
    “you” and "Users" means the Website’s users;
    2.3.5
    “us”, “we” and “CNA” means CNA Operations Proprietary Limited, registration number 2010/524712/07, a private company duly incorporated in accordance with the company laws of the Republic of South Africa (including our affiliates and subsidiaries);
    3

    Important Notice

    3.1
    These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    3.2
    These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
    3.2.1
    may limit the risk or liability of CNA or a third party; and/or
    3.2.2
    may create risk or liability for the user; and/or
    3.2.3
    may compel the user to indemnify CNA or a third party; and/or
    3.2.4
    serves as an acknowledgement, by the user, of a fact.
    3.3
    Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    3.4
    If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask CNA to explain it to you before you accept the Terms and Conditions or continue using the Website.
    3.5
    CNA 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.
    4

    Registration and use of the website

    4.1
    Only registered users may order Products on the Website.
    4.2
    To register as a user, you must provide a unique username and password and provide certain information and personal details to CNA. You will need to use your unique username and password to access the Website in order to purchase.
    4.3
    For security purposes you agree to enter the correct username and password whenever ordering Products, failing which you will be denied access.
    4.4
    You agree to notify CNA 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.
    4.5
    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.
    4.6
    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 CNA representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    5

    Payment

    5.1
    We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    5.2
    Payment can be made on the website via -
    5.2.1
    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 Products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Products. 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;
    5.2.2
    may create risk or liability for the user; and/or
    5.3
    You may contact us via our Help and FAQ pages to obtain a full record of your payment. We will also send you email communications about your order and payment.
    5.4
    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 Products.
    5.5
    Online payments will be accepted in ZAR.
    6

    Delivery of Products

    6.1
    CNA will courier your product to you at an associated cost.
    6.2
    For more information about delivery, please see our FAQs, which are incorporated into these Terms by reference.
    6.3
    Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
    6.4
    Where we accept your order, CNA will deliver the Products 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 Products 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 Products. If you elect to cancel your order, we will reimburse you for the purchase price.
    7

    Returns

    7.1
    Please refer to our Returns Policy for more information about returning Products.
    8

    Privacy policy

    8.1
    We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
    8.2
    Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to -
    8.2.1
    your name and surname;
    8.2.2
    your email address;
    8.2.2
    your physical address;
    8.2.2
    your gender;
    8.2.2
    your mobile number; and
    8.2.2
    your date of birth.
    8.3
    Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
    8.4
    You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    8.5
    With each visit to our Website, we may automatically collect and store certain information about you. This includes, but is not limited to the following -
    8.5.1
    technical information, including your Internet Protocol ("IP") address which is used to connect your computer to the internet, any login details, to the extent that it is used, operating system and browser type and platform for system administration; and
    8.5.2
    information about your use of our Website including details of your visits such as pages viewed and the resources that you accessed. Such information includes traffic data, location data and other communication data.
    8.6
    This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you.
    8.7
    Please note that cookies may be necessary to provide you with certain features available on our Website. Thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.
    8.8
    Subject to clause 8.9 below, we will not, without your express consent:
    8.8.1
    use your personal information for any purpose other than as set out below:
    8.8.2
    in relation to the ordering, sale and delivery of Products;
    8.8.3
    to contact you regarding current or new Products or services or any other Products offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
    8.8.4
    to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
    8.8.5
    to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
    8.8.6
    disclose your personal information to any third party other than as set out below:
    8.8.7
    to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Products or when delivering Products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
    8.8.8
    to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Products or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
    8.8.9
    to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
    8.8.10
    We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
    8.8.11
    to our suppliers in order for them to liaise directly with you regarding any faulty Products you have purchased which requires their involvement; and
    8.9
    We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, CNA is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
    8.10
    We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, CNA is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
    8.11
    We will -
    8.11.1
    treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
    8.11.2
    take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
    8.11.3
    provide you with access to your personal information to view and/or update personal details;
    8.11.4
    promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
    8.11.5
    provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
    8.11.6
    upon your written request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
    8.12
    We will only use your information for the following purposes:
    8.12.1
    to assist us to process and verify for the purposes for the purposes for which you provided the information or for further services;
    8.12.2
    to assist in providing you with an improved experience via the Website;
    8.12.3
    to develop and present new Products, services and features for you;
    8.12.4
    to inform you about changes in the services we offer and/or our Website or about features we think you would find of interest;
    8.12.5
    to communicate with you and to allow you to participate in interactive features of our Website, when you choose to do so;
    8.12.6
    to carry out our obligations arising from any contracts that we may have entered into with you’
    8.12.7
    to provide you with information, Products that you request from us;
    8.12.8
    to provide you with information about other Products and services we offer that are similar to those that you have already purchased or enquired about;
    8.12.9
    provided that you have consented thereto, to provide you with information about Products we feel may interest you by means of any form of electronic communication;
    8.12.10
    to notify you about changes to our service; and
    8.12.11
    to ensure that content of our Website is presented in the most effective manner for you and for your computer.
    8.13
    The personal information that we may collect about you may be used by us for one or more of the following purposes:
    8.13.1
    for administration of our Website and for our own internal business operational purposes, such as data analysis, troubleshooting, research, testing of our systems and statistical and survey purposes;
    8.13.2
    to improve our Website to provide effective services to you;
    8.13.3
    to allow you to participate in interactive features of our services, should you choose to do so; and
    8.13.4
    to deliver advertising to you.
    8.14
    We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    8.15
    CNA undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
    8.16
    Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
    8.17
    CNA shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
    8.18
    You may choose to restrict the processing of your personal information in the following ways –
    8.18.1
    whenever you are asked to fill in a form on the Website, look for the box that you can click to indicate that you do not want the information provided to be used by anybody for purposes of direct marketing; and
    8.18.2
    if you have previously agreed to us using your personal information for direct marketing purposes, you may opt-out of such direct marketing at any time by writing to or emailing us at info@CNA.co.za.
    8.18.3
    You may request us to confirm, free of charge, whether we hold personal information about you, after having provided us with adequate proof of identity.
    9

    Changes to these Terms and Conditions

    9.1
    CNA 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.
    9.2
    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.
    10

    Electronic communications

    10.1
    When you visit the Website or send emails to us, you consent to receiving communications from us.
    11

    Ownership and copyright

    11.1
    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 CNA, its advertisers and/or sponsors and/or is licensed to CNA.
    11.2
    You will not acquire any right, title or interest in or to the Website or the Website Content.
    11.3
    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 page.
    11.4
    Where any of the Website Content has been licensed to CNA 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.
    12

    Disclaimer

    12.1
    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.
    12.2
    Whilst CNA takes reasonable measures to ensure that the content of the Website is accurate and complete, CNA 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 CNA’s representatives, CNA shall not be bound thereby.
    12.3
    CNA 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.
    12.4
    Although Products 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.
    12.5
    Any views or statements made or expressed on the Website are not necessarily the views of CNA, its directors, employees and/or agents.
    12.6
    In addition to the disclaimers contained elsewhere in these Terms and Conditions, CNA 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 CNA, its employees, agents or authorised representatives. CNA 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.
    13

    Linking to third party websites

    13.1
    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 CNA is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    13.2
    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.
    14

    Limitation of liability

    14.1
    CNA 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 CNA, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.
    15

    Availability and termination

    15.1
    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.
    15.2
    CNA may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that CNA 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.
    15.3
    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 Products, 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.
    15.4
    CNA 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 CNA 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 CNA, in whole or in part, on notice to you. CNA shall only be liable to refund monies already paid by you (see CNA’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.
    16

    Governing law and jurisdiction

    16.1
    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.
    16.2
    In the event of any dispute arising between you and CNA, you hereby consent to the non-exclusive jurisdiction of the Johannesburg High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    17

    Notices

    17.1
    Business address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”): 14 Kramerville Road, Kramerville, Gauteng.
    17.2
    CNA may change this address from time to time by updating these Terms and Conditions.
    17.3
    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 CNA not less than 7 days’ notice in writing.
    17.4
    Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent -
    17.4.1
    by hand will be deemed to have been received on the date of delivery;
    17.4.2
    by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
    17.4.3
    by email will be deemed to have been on the date indicated in the “Read Receipt” notification.
    17.4.4
    All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
    18

    Complaints

    18.1
    We are a participant under the Consumer Products and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the Products or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help page on the Website.
    18.2
    If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Products and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za
    19

    Information

    19.1
    For the purposes of the ECT Act, CNA’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
    19.1.1
    Full name: CNA Online (Pty) Ltd, a private company registered in South Africa with registration number 2010/524712/07
    19.1.2
    Main business: Retailer
    19.1.3
    Physical address for receipt of legal service: 14 Kramerville Road, Kramerville, Gauteng.
    19.1.4
    Office bearers: Sameer Chetty.
    19.1.5
    Email address: info@CNA.com
    19.2
    PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
    20

    General

    20.1
    CNA 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.
    20.2
    You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    20.3
    Any failure on the part of you or CNA to enforce any right in terms hereof shall not constitute a waiver of that right.
    20.4
    If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    20.5
    No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    20.6
    No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    20.6
    These Terms and Conditions contain the whole agreement between you and CNA and no other warranty or undertaking is valid, unless contained in this document between the parties.
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