Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products), services (Services) or digital content (Content) listed on our website www.goneviral.co.za (our site) to you. Please read these terms and conditions carefully before ordering any Products, Services or Content from our site. You should understand that by ordering any of our Products, Services or Content you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference. Please click on the button marked “I Accept" at the end of the purchasing form conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products, Services or Content from our site.

1. INFORMATION ABOUT US

www.goneviralcopper.co.za is a site operated by GONE VIRAL COPPER (PTY) LTD (we, us, its, our or Gone Viral Copper). We are registered in the Republic of South Africa with Registration Number: 2020/473951/07, VAT Registration Number: {TBA} and with our registered office at 3 Boschkopview, 187 Sherwell Avenue, Boskruin, 2154.

2. SERVICE AVAILABILITY

Our site is intended for global use and anyone may purchase Products, Services or Content to be delivered in and/or outside the Republic of South Africa (SA). Despite the aforementioned, Gone Viral Copper reserves the right to refuse delivery of any Products, Services or Content to any country for whatsoever reason.

3. YOUR STATUS

3.1 By placing an order through our site, you warrant that:

(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are purchasing the Products, Services or Content for your own personal use or the personal use of the entity on whose behalf you are purchasing the Products, Services or Content, unless we give written permission for you to re-sell the Products, Services or Content as an agent; and
(d) Where we have provided written consent for you to act as an agent to re-sell the Products, Services or Content, you may not re-sell said Products, Services or Content at prices lower than our standard pricing.

3.2 Any personal data that we gather concerning you shall be used only in accordance with our Terms of Use.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 Your order constitutes an offer to us to buy a Product, Service or Content. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

4.2 The Contract will relate only to those Products, Services or Content whose dispatch or supply we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products, Services or Content which may have been part of your order unless such Products, Services or Content have been confirmed in a separate Order Confirmation.

5. CANCELLATION RIGHTS

5.1 You may cancel the order for a Product(s), Service(s) or Content at any time prior to receiving the Order Confirmation (Cancellation Period). In this case, you will receive a full refund of the price paid for the Product(s), Service(s) or Content in accordance with our refunds policy (set out in clause 9 below).

5.2 Should you elect to cancel the Contract outside of the Cancellation Period but prior to receiving the Product(s), Service(s) or Content, you will be liable for a reasonable cancellation fee, calculated by Gone Viral Copper.

5.3 You may not cancel the Contract after receiving the Product(s), Service(s) or Content and any amounts paid by you shall not be refundable under any circumstances, save for those mentioned in paragraph 10 and 12 below. You will also remain liable for any amounts outstanding in terms of the purchase.

5.4 To cancel the Contract, please use one of the methods set out in clause 9.1 below. You must also return any related Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6. AVAILABILITY AND DELIVERY

6.1 We will agree to a delivery date for Products and a start date for Services with you, as relevant, and set these out in the Order Confirmation or otherwise confirm to you in writing.

6.2 The cost of delivery will be included in the Order Confirmation.

6.3 If our supply of Products, Services or Content is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.

6.4 The terms applicable to accessing Content are set out in Appendix 1.

7. RISK AND TITLE

7.1 The Products will be at your risk from the time of delivery.

7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8. PRICE AND PAYMENT

8.1 The price of any Products, Services or Content will be as quoted on our site from time to time, except in cases of obvious error.

8.2 Our prices are inclusive of any applicable VAT and unless explicitly stated otherwise, exclusive of delivery costs, which will be added to the total amount due. If the rate of VAT changes between your order date and the date we supply the Products, Services or Content, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

8.4 Our site contains a large number of Products, Services and Content and it is always possible that, despite our best efforts, some items listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a correct price is less than our stated price, we will charge the lower amount when dispatching the Product or providing the Service to you. If a correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Products, Services or Content, or reject your order and notify you of such rejection.

8.5 We are under no obligation to provide the Products, Services or Content to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

8.6 Payment for all Products or Services must be by credit card, debit card or Electronic Funds Transfer (EFT). You can find a full list of the cards that we accept together with any special payment terms here. We will not charge your credit or debit card until we despatch your order.

8.7 Payment must be made in a single instalment, prior to delivery, which can be made as follows:
(a) Credit card: Visa and Mastercard
(b) EFT:

Account holder: Gone Viral Copper (Pty) Ltd
Account number: 1204138591
Branch code: 198765
Account type: Nedbank – Current account

8.8 In case of payment by credit card, stipulation of the Contract will require confirmation of the economic transaction by Gone Viral Copper’s bank. In case of payment by EFT, the order is filled only after receipt of a copy of the proof of payment, sent via email to info@goneviralcopper.co.za within 7 days of making the order. If we do not receive the bank confirmation or proof of payment within the above term, we have the right to consider the order null and void and terminate the Contract without written notice to the other party. Delivery is subject to proof of payment and the delivery term starts from receipt of the document certifying payment.

9. OUR REFUNDS POLICY

9.1 If you would like to end the Contract or return a Product to us, please telephone, email or write to us using the following contact details or using the form provided with your Products when they were delivered.

Gone Viral Copper (Pty) Ltd
3 Boschkopview
187 Sherwell Avenue
Boskruin
2154.

Email: sales@goneviral.co.za

Tel: 072 850 5129

9.2 When you return a Product to us:

(a) because you have cancelled the Contract between us within the Cancellation Period (see clause 5.1 above), we will process the refund due to you as soon as possible after giving notice of your cancellation. In this case, we will only refund the price of the Product in full, and will not be responsible for any additional costs;

(b) for any other reason, we will examine the returned Product and will notify you of your refund, if any, via e-mail within a reasonable period of time. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you.

9.3 We will usually refund any money received from you using EFT.

10. YOUR RIGHTS TO END THE CONTRACT
10.1 You can always end the Contract. Your rights will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

(b) If you want to end the Contract because of something we have done or have told you we are going to do, see clause 10.2;

(c) If you have just changed your mind about the product, see clause 5.

10.2 If you are ending the Contract for a reason set out at (a) to (c) below, the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an error in the price or description of the Products, Service or Content you have ordered and you do not wish to proceed;

(b) there is a risk that supply of the Products may be significantly delayed because of events outside our control; or

(c) you have a legal right to end the Contract because of something we have done wrong.

11. YOUR KEY LEGAL RIGHTS

We are under a legal duty to supply products that are in conformity with this Contract. Please see the Consumer Protection Act, no 68 of 2008, for specific legislation pertaining to consumer rights.

12. OUR LIABILITY

12.1 If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10; and for defective products under the Consumer Protection Act, no 68 of 2008.

12.3 If we are providing Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.

12.4 We undertake that any Service that we provide to you will be performed with all reasonable skill and care and in accordance with applicable law.

12.5 Save for where we have expressly authorised otherwise, we only supply the Products for personal use or the personal use of the entity on whose behalf you are purchasing the Products, Services or Content. If you use the Products for any commercial, business or re-sale purpose (regardless of authorisation), we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.6 Products of Gone Viral Copper have been designed to facilitate its inclusion and use in specific environments. Such environments exclude, inter alia, the storage of Colloids in the refrigerator or close to electrical appliances.

12.7 Our liability does not extend to any defect in the Products arising from fair wear and tear, wilful damage or neglect, accident, abnormal storage or working conditions, negligence by you or any third party, if you use the Products in a way that we do not recommend, if you fail to follow our oral or written instructions, or if there is any alteration or repair of the Products carried out without our prior written approval.

12.8 No other conditions or warranties expressed or implied shall apply except in so far as they are bound by law. Gone Viral Copper’s liability will not extend to the following:

(a) servicing, modifications or additions to the Products that are carried out by a third party (parties) unauthorised by us in writing;
(b) defects resulting from misuse; or neglect of; or accident to the Products by you;
(c) any Products which have not been kept or operated by you in accordance with our or the manufacturer’s manuals or instructions;
(d) any Products that have not been kept in a suitable environment;
(e) any Products that have been moved to a different location or within the same location without our prior written consent. Such consent shall not be unreasonably withheld or delayed; or
(f) any Products sold in SA, and installed outside of SA.

13. WRITTEN COMMUNICATIONS

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. Where we use the words “writing” or “written” in these terms and conditions, this includes emails.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

14.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15. EVENTS OUTSIDE OUR CONTROL

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).

15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) Impossibility of the use of public or private telecommunications networks.

(f) The acts, decrees, legislation, regulations or restrictions of any government.

15.3 Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16. WAIVER

Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we continue to provide the Products, we can still require you to make the payment at a later date.

17. SEVERABILITY

If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. LAW AND JURISDICTION

These terms and conditions are governed by South African law and you can bring legal proceedings in respect of the Products, Services or Content in the South African courts.

APPENDIX 1

ACCESS TO THE CONTENT

The Content will be provided through an account which will be opened for you during the registration process on the platform used to deliver the selected Content. Access to the platform requires you to activate the account generated by us, which will be communicated to you on the date of activation.

The date of activation of the account on the platform will be the same as the Product delivery date.
The duration of the multimedia services (access to the Content) is calculated from the date of activation, and is 39 months.

The activation and maintenance of an account on the platform through which we or its suppliers provide content or services remotely, does not give you any right to receive free updates or upgrades of already-active content and/or applications.

Password and access to the account. You have control of, and access to your data and devices compatible with the platform used to access such data, and are responsible for all activities carried out on the account. To maintain control of the account and prevent anyone else from accessing it (and therefore, accessing personal or special information), you must keep control of the Gone Viral Copper-compatible devices used to access the Content and must not disclose the password to anyone else, nor the details of the payment method associated with the account. It is your responsibility to update information supplied in relation to the subscription, and to make sure that the details are up-to-date and accurate. We may close or suspend access to the Content in order to protect you, us, our partners, or any third party, from identity theft or other fraudulent activity.

The account used to deliver the services remotely and/or the multimedia content will be managed in accordance with the Terms of Use on the platform www.goneviral.co.za which you are required to accept on first access to the account activated by us.

When purchasing a subscription to the Content and/or to the multimedia services, you may access the Content provided by us for the compatible Product. The Content can only be viewed and accessed from the compatible Product, located within a domestic environment. The Content can be accessed from the same compatible Product for up to a maximum of 4 personal accounts.

At the end of the subscription period indicated in the purchase offer and Order Confirmation, the subscription will automatically be renewed on a monthly basis at the rate in force at the time of renewal, unless it is terminated, and in cases permitted by law. Renewal of the subscription is not included in the financed offer and it will be subject to the general terms and conditions.

Conditions and restrictions on use. Children can only access the Content under the supervision of an adult. The Content may only be used by persons of sound and robust constitution.

The subscription only gives a limited right of access to the Content and is non-exclusive and non-transferable. Except for the foregoing, no other right, title or interest is transferred by virtue of these terms and conditions. The service relating to availability of the Content may not be used in public.

The Content shall primarily be accessed from the country in which the service was activated and only in geographical areas where the service is active, and where Gone Viral Copper has the rights and technology available to offer the Content. The Content may therefore vary from time to time, depending on the geographical area. The Content may be accessed with a single device; however, it may be accessed with multiple personal accounts, up to a maximum of 4.

Use of the Content including all the associated functions and functionalities, is only permitted in accordance with the applicable laws, regulations and standards, and with any other limitation on the use of the Service or Content. The Content and any material purchased or used through the compatible Gone Viral Copper Product may not be kept, reproduced, distributed, modified, exhibited, published, granted under licence or utilised to generate derived works to be offered for sale or otherwise utilised. The protections on the Content may not be evaded, removed, altered, deactivated, impaired or blocked; the use of robots, spiders, scrapers or other automated tools to access the Content and/or the related service, is prohibited; the decompilation, reverse engineering or de-assembly of any software or other product/work/process accessible through the service that makes the Content available, is prohibited; the insertion of any code or product or manipulation of the Content or the utilisation of any data mining method, data harvesting or extraction method, is prohibited. Users are strictly prohibited from uploading, posting, sending by email or otherwise transmitting any material that is designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications terminal associated to the Content and/or to the service, including viruses and any other code, file or program. We may limit or interrupt the use of the Content in the event that these terms and conditions are breached, or if the service is used illegally or fraudulently.

The display quality of the Content may be influenced by a series of factors such as geographical location, available bandwidth, or Internet connection speed. All costs of accessing the Internet will be payable by the user. Users are asked to check with their Internet service provider, regarding the amount debited for the consumption of data. The time required to start viewing the Content may vary depending on a series of factors, including geographical location, available bandwidth, and the selected content.

When subscribing to the Content you agree to automatically receive updates of our software and that of third parties.

Online communications. All information about the account (such as payment authorisations, invoices, password changes, changes to form of payment, confirmations, or notifications) will only be sent in electronic format, to the email address used at the time of registration on the account.

www.goneviralcopper.co.za (the Site) is operated by GONE VIRAL COPPER (PTY) LTD (we, us, its, our or Gone Viral Copper). We are registered in the Republic of South Africa with Registration Number: 2020 / 242247 / 07, and with our registered office at:

3 Boschkopview, 187 Sherwell Avenue, Boskruin, 2154.

Please read these Terms of Use (Terms or Terms of Use) carefully before using the Site.

1. FOREWORD

1.1 Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. The Terms set out below apply to the entire Site content and, together with any page or document to which such Terms might refer, constitute the Terms based on which usage of the Site is allowed.

1.2 By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site.

1.3 Gone Viral Copper reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Site after the effective date of any changes is deemed acceptance of the revised Terms. For this reason, we encourage you to review these Terms each time you visit the Site.

2. AGE OF USERS

By agreeing to these Terms, you certify that you are 18 years of age or older. If you are under the age of 18 but are at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Individuals under the age of 18 are not permitted to purchase products from the Site without the supervision of a parent or legal guardian.

3. ACCESS TO THE SITE

3.1 Gone Viral Copper shall make all reasonable efforts, according to a standard of commercial reasonableness, to ensure that the Site is always accessible. Nevertheless, we shall not be liable if, for any reason, the Site is unavailable, even if only for limited periods of time.

3.2 Access to the Site may be temporarily suspended, also without prior notice, in the event of system errors, service or maintenance requirements or for any other reason beyond the reasonable control of the Gone Viral Copper. You are responsible for activation and maintenance of all agreements and services that allow access to the Site.

4. REGISTRATION ON THE SITE

Each registration on the Site is valid for a single user only. Any identification code, password, username or otherwise are a constituent part of the security systems and procedures activated by Gone Viral Copper to protect the system and the data stored on the Site. Therefore, they may not be revealed to anyone, not even within a limited group. We reserve the right to disable the identification code, password and/or username of any user of the Site whenever, at our sole discretion, there has been any violation of any of any of these Terms of Use. Responsibility for the confidentiality and use of the password is solely that of the user who assumes all the related risks. The personal data of the registered user will be processed in accordance with the Privacy Policy set out in paragraph 10 below.

5. USE OF SITE MATERIALS

5.1 Gone Viral Copper grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to view, use, and print individual pages of the Site for your personal, non-commercial use. Unless otherwise stated, the design of and all materials on this Site, including, but not limited to, text, slogans, graphic, images, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property (Content) are owned, controlled or licensed by Gone Viral Copper or other providers of such material.

5.2 The Site is intended for personal and non-commercial use only. The Content provided on this Site is to be used for informational purposes only. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, resell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.

5.3 This Site sells products to retail consumers and authorised resellers only. This license does not include and strictly prohibits: any resale or export of the Site or its Content, including any products; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; or any derivative use of the Site or its Content; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Gone Viral Copper or our licensors, suppliers and other Content providers. We reserve the right to terminate this license and your access to the Site in the event you fail to comply with any of these Terms of Use or our other policies. We also reserve the right to refuse service to anyone for any reason at any time.

6. COPYRIGHTS AND TRADEMARKS

6.1 All Content, design, text, graphics, logos, photographs, interfaces, the selection and arrangements thereof, and any other material on the Site are protected by local and international copyright law and other intellectual property laws and are owned by Gone Viral Copper or other respective owners that have granted us the right and license to use such materials.

6.2 All trademarks, service marks, trade names, logos and trade dress (Marks) are registered and unregistered trademarks of Gone Viral Copper or other respective owners that have granted us the right and license to use such Marks. Nothing on this Site should be construed as granting any license or right to use any Mark displayed on the Site. You may not use any Marks without the prior written permission of Gone Viral Copper. You may not frame, deep link or utilize any similar techniques to enclose the Site, Content, or other proprietary information (including images, text, page layout, or form) of Gone Viral Copper without our express written consent.

7. THIRD-PARTY LINKS

7.1 This Site may contain links to other websites that are not owned or controlled by us. Gone Viral Copper has no responsibility for the content of the linked websites nor does it necessarily endorse the linked sites or the products offered therein. We provide the links solely for your convenience. You should carefully review the terms of use and privacy policies on any third party site.

7.2 Access to any third party sites is at your own risk and we will have no liability arising out of or related to such websites or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on, any such content, goods or services available on or through any such third party sites. Complaints, claims, concerns, or questions regarding third-party sites or products should be directed to the third-party.

8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

8.1 Any Content, material, information, idea, photo, or other communication you transmit to or post on this Site or to Gone Viral Copper by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Gone Viral Copper and/or its designees for any purpose whatsoever, including, but not limited to, developing and manufacturing products (Communication).

8.2 We will have no obligations with respect to the Communication. Gone Viral Copper and its designees will be free to copy, disclose, distribute, incorporate, or otherwise use the Communication and all data, images, sounds, text, and other things embodied therein for any and all commercial and non-commercial purposes.

8.3 You are prohibited from posting or transmitting to or from this Site anything illegal, unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that is invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam" or unsolicited commercial electronic messages, or could rise to any civil or criminal liability under the law. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content.

8.4 Gone Viral Copper reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted Communication or other content. If you do post or submit Communication, and unless we indicate otherwise, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if we choose.

8.5 You represent and warrant that you own or otherwise control all of the rights to the Communication that you post; that the Communication is accurate; that use of the Communication you supply does not violate these Terms or the rights of any individual or entity; and that you will indemnify us for all claims resulting from Communication and other content you supply. Gone Viral Copper has the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any Communication or other content posted by you or any third party.

8.6 If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Site in a way that infringes your copyright rights, please send an email to {Insert email address}.

9. ELECTRONIC COMMUNICATIONS

When you visit the Site 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 set out in paragraph 10 below.

10. PRIVACY POLICY

10.1 Gone Viral Copper respects your privacy and will take reasonable measures to protect it, as more fully described below. We will collect and process your personal information in connection with the purchase of our products and the services we offer. We use this information primarily to provide a customized experience as you use our products and services.

10.2 Should you register on our website, we may require you to provide us with personal information which includes, but is not limited to:

10.2.1 your name and surname;
10.2.2 your email address;
10.2.3 your physical work and residential addresses;
10.2.4 your gender;
10.2.5 your landline and mobile telephone numbers; and
10.2.6 your date of birth,

and you agree that the information provided will be correct and current.

10.3 You are requested to inform us immediately, should your personal information change and provide us with updates to your personal information as soon as reasonably possible to enable us to update our records.

10.4 You may be requested or may choose to provide additional personal information to us, in which event you agree that the information so provided, will be correct and current.

10.5 You may not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

10.6 Subject to paragraph 10.7 below, we will not without your express consent, use your personal information for any purpose other than as set out below:

10.6.1 in relation to the purchase of our products and rendering of services relating to such products;

10.6.2 unless you have opted out from receiving marketing material from us, to contact you regarding our current or new products or services, or any other goods offered by us or any of our affiliates;

10.6.3 unless you have opted out from receiving marketing material from us, to inform you of new features, special offers and promotional products/competitions offered by us or any of our affiliates;

10.6.4 to improve our product selection and your experience on our website by, for example, monitoring your browsing habits, or tracking sales on our website;

10.6.5 to fulfil our contractual obligations;

10.6.6 to allow you to browse and use the services offered on our website and to provide you with the necessary assistance in relation to products and services you have bought; and

10.6.7 in accordance with our legitimate interests, to analyse and improve the quality of our products and services (for example: product liability, product recall campaigns, maintenance, quality and originality guarantees), to manage insurance risk, to guarantee the quality of customer service, to manage relations with our suppliers and distributors, to manage the loss and/or destruction of data and unauthorised access, to manage and internally control our business activities, to carry out statistical analysis on the use of products and services and if necessary, to exercise our right to take legal action.

10.7 We will be entitled to disclose your personal information on a need-to-know basis to the following:

10.7.1 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 and installing the products, or when services are required to be rendered in respect of such products;

10.7.2 our affiliates and business partners (including their employees and/or third party service providers) in order for them to interact directly with you in the sale of our products and performance of our services and, unless you have opted out from receiving marketing material from us, in order for such affiliates and business partners 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;

10.7.3 any law enforcement or fraud detection agencies, government officials or third parties when we believe in good faith, that the disclosure of your personal information is necessary to prevent physical harm or financial loss, or to report or support the investigation into suspected illegal activity, or to investigate any breach of this privacy policy, or the terms and conditions upon which a product was ordered from us;

10.7.4 our service providers under contract with us and who assists with our business operations, it being recorded that these service providers may only use your personal information in connection with the services they perform for us and not for their own benefit;

10.7.5 our suppliers in order for them to liaise directly with you regarding any defective products; and

10.7.6 any third party seller for purposes of providing you with an invoice for any products purchased from such third party seller, which information shall be limited to your name, email address and contact telephone number.

10.8 Gone Viral Copper is 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, Gone Viral Copper 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.

10.9 This privacy policy and the use of the website is governed by the laws of the Republic of South Africa, unless otherwise indicated.

10.10 Gone Viral Copper will ensure that all its employees, service providers, affiliates and business 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 and that same is stored safely.

10.11 When ratings or reviews are provided by you in respect of a product or service, you consent that Gone Viral Copper may use same as it deems fit, including and without limitation on the website, in newsletters and/or other marketing material. When using such rating or review, Gone Viral Copper may use your name as a reference.

10.12 Gone Viral Copper shall:

10.12.1 treat your personal information as strictly confidential, save where it is entitled to share it as set out in this privacy policy;

10.12.2 take appropriate technical and organizational measures to ensure that your personal information is kept secured and is protected against unauthorized or unlawful processing, accidental loss, destruction, alteration, disclosure or access;

10.12.3 provide you with access to your personal information to view and/or update personal details;

10.12.4 promptly notify you if it becomes aware of any unauthorized use, disclosure or processing of your personal information;

10.12.5 provide you with reasonable evidence of its compliance with its obligations under this privacy policy on reasonable notice and request; and

10.12.6 upon your request, promptly return or destroy any and all of your personal information in its possession or control, save for which it is legally obliged to retain.

10.13 Gone Viral Copper will not retain your personal information longer than the period for which it was originally required, unless it is required by law to do so, or you consent to it retaining such information for a longer period.

10.14 Whilst Gone Viral Copper will do all things reasonably necessary to protect your privacy and personal information, it cannot guarantee such protection and will not accept any liability whatsoever for unauthorized or unlawful disclosure whilst your personal information is in its possession, unless such disclosure is as a result of its gross negligence or wilful conduct.

10.15 Any questions about this privacy policy or the website may be addressed via the contact information provided on this website. Gone Viral Copper reserves the right to revise, amend, or modify this privacy policy, the terms and conditions of use and any other policy at any time and in any manner, by updating this privacy policy.

10.16 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 Gone Viral Copper 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 contents 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 identity you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookies feature. Please note that cookies may be necessary to provide you with certain features available on our website and 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.

10.17 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 privacy policy.

11 DISCLAIMER AND LIMITATION OF LIABILITY

11.1 Your use of this Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided by Gone Viral Copper on an “as is” and on an “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, graphics, links, or materials included on the site, or their accuracy, reliability, completeness or timeliness.

11.2 To the maximum extent permitted by applicable law, Gone Viral Copper disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including, but not limited to, warranties of merchantability, fitness for a particular purpose, durability, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.

11.3 We do not guarantee continuous, uninterrupted or secure access to the site or the services. Operation of the site may be interfered with by numerous factors outside of our control. In no event shall Gone Viral Copper be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if we have been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of this Site and/or the information, services, products, and materials available from this Site. If you are dissatisfied with any of the contents of the site, or do not agree with these Terms, our Privacy Policy or any other policies of the Site, your sole remedy is to discontinue your use of the Site.

12 INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold Gone Viral Copper, our subsidiaries, affiliates, successors and assigns, its licensors and service providers, and its/their respective officers, directors, partners, employees, contractors, agents, licensors, and suppliers harmless from and against any claim or demand, including reasonable attorneys’ fees, resulting from your use of the Site and/or your breach of the Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, and/or resulting from any and all content you submit to Gone Viral Copper and/or the Site. Gone Viral Copper shall provide notice to you of any such claim, suit or proceeding.

13 GENERAL

13.1 These Terms of Use, including all documents referenced herein, represent the entire understanding between you and us regarding your relationship with Gone Viral Copper and supersedes any prior statements or representations (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is held to be invalid, unlawful, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable.

13.2 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and all agreements and notices incorporated herein may be automatically assigned by us in our sole discretion, to a third party. You may not assign these Terms of Use or your obligations to any other individual or entity, and any attempt by you to do so is void.

13.3 The provisions regarding the parties’ rights and obligations with respect to indemnification, intellectual property, and dispute resolution, as well as any other provisions necessary to interpret the respective rights and obligations of the parties under these Terms, shall survive the expiration or termination of these Terms.

14 APPLICABLE LAW AND JURISDICTION

14.1 These Terms of Use and our relationship and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your use of the Site 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.

14.2 In the event of any dispute arising between you and Gone Viral Copper, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

15 NOTICES

15.1 Gone Viral Copper hereby selects {Insert address for service of all notices and pleadings},  as its address for the service of all formal notices and legal processes in connection with these Terms. We may change this address from time to time by updating these Terms.

15.2 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 us not less than 7 days’ notice in writing.

15.3 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

15.3.1 by hand will be deemed to have been received on the date of delivery;

15.3.2 by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

15.3.3 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

15.3.4 by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.

16. PURCHASES

If you wish to purchase any product or service made available through the Site, you are required to read the Consumer Sales Terms and Conditions.

17. CONTACT US

If you have questions regarding this Site or if you are interested in obtaining more information concerning Gone Viral Copper and its products or services or permission to use any Gone Viral Copper content, please contact us on 011 794 4384 or send an email to info@goneviralcopper.co.za.

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COMPETITION

  • The competition is being run by Gone Viral Copper in South Africa.
  • You must be aged 18 years or over to enter this competition.
  • All entries will be entered into the competition, the winner will be randomly selected or chosen by the Gone Viral Copper team according to their own prerequisites.
  • The winner will receive a prize chosen at the company’s discretion.
  • The prize will be delivered through a courier service at the nearest convenience.
  • Purchased orders from customers will take preference in the order of delivery.
  • The Gone Viral Copper prize is subject to terms of use which can be found under the Terms of Service for Our Products tab on the Terms and Conditions page.
  • The company’s decision is final.
  • Gone Viral Copper reserves the right to change the rules and regulations of the competition at their will, even once the competition has been launched.
  • Gone Viral Copper reserves the right to cancel any competition at any point for any reason.
  • Opening and closing dates are determined by Gone Viral Copper and can be changed and adapted by the company at any time.
  • No purchase or payment of any kind is necessary to enter or win.
  • This promotion is in no way sponsored, endorsed, or administered by, or associated with, Facebook or Instagram. Any questions, comments, or complaints regarding the promotion will be directed to Gone Viral Copper, not Facebook or Instagram.