Terms and Conditions
Access to the website is subject to the following terms and conditions.
In accessing this website you will be deemed to have accepted all of the terms and conditions that apply to its use, the information contained on the Website, and the facilities and services provided by it by accessing the Website or engaging with any aspect thereof and/or not necessarily registering thereon as mentioned in the paragraph below.
As a result, before continuing to use this Website, please read these terms and conditions carefully. If you do not consent to these terms and conditions, you must immediately cease using this Website.
We reserve the right to alter these terms & conditions at any time and you must check if changes have been made. Your use of the Website after changes are posted online shall constitute acceptance of the changes in and to the terms & conditions.
In these terms and conditions,
"we/us/our" refers to Homzy, a private company incorporated in South Africa with limited liability, and our associated companies where applicable; "Website" refers to this website and all aspects, facilities, and services of any kind related to it.
"you"/"your" refers to the user of the Website, including registered users and, where applicable, vendors.
Access to the website
On the website, orders can only be placed by registered users.
You must give Homzy a special username and password, as well as specific information and personal details, to register as a user.
You agree to never disclose the above-mentioned information to any third party.
To access the Website and buy goods, you must have a special username and password.
You agree and warrant that without the predisposition of such correct information, access will be denied.
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 unauthorized or fraudulent, you will be liable for payment of such order, save where the order is canceled by you by these Terms and Conditions.
You agree to notify Homzy immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
You agree that, once the correct username and password relating to your account have been entered, and a cart has been created, you give Homzy consent to contact you via the provided personal information on how best to assist you in making a completed purchase
You agree that you will not use any device, software, or another instrument to disrupt or attempt to disrupt the intended working state of the Website. In addition, you agree that you will not use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein.
You may not use the Website to distribute defamatory material, is offensive, contains or amounts to hate speech, or is otherwise unlawful.
Website Content
You agree that you will only use, reproduce and print material comprising the results of searches made on the Website for personal and non-commercial purposes.
The content and specific information on this website may contain inaccuracies and typographical errors. We exclude all liability for any illegality and/or any loss or damage incurred arising from such inaccuracies and typographical errors.
The information on this Website may be altered, amended, or updated from time to time and may at times be out of date. We will not be held to any previously existing representations, terms, conditions, or other information subsequently altered on the Website. We accept no responsibility for keeping the information and content on the Website up to date nor do we accept any liability for any failure to do so.
Through the Website, we present marketing content and information submitted and created by private and trade vendors and other third parties. We exclude all liability for any illegality arising from or error, omission, or inaccuracy in such content and/or information.
We give no warranties, conditions, guarantees, or representations, expressed or implied, as to:
- The completeness or accuracy of the information or any advice that may be contained on the Website or any website to which it is linked;
- The completeness of the results of any search conducted on the Website or that the products revealed by the search are the only products on our database which might meet the requirements of your search
HOMZY VENDORS
Homzy will display the fact that products are for sale by a Vendor on all product pages and checkout pages. Homzy's main aim in such circumstances is to provide a platform to increase trade between Vendors and Homzy clients. Unless otherwise noted, Homzy is neither the buyer nor the vendor of these Goods.
The Sale constituted by the vendor's acceptance of your order for Goods for sale is thus solely between the registered user and such vendor. We are not involved in the transaction.
The Vendor is entirely responsible for the fulfillment of the delivery of products. If necessary, the Vendor must additionally deliver an invoice to the registered user.
Contractual Disputes
We will not be liable either by allegations made by you that a contract or legally binding arrangement has been established between you and us as a result of communications directed to us through the Website.
We reserve the right to require written contracts as and when we deem suitable at our sole discretion. As a result, you should not view any information on the website as an offer capable of acceptance and resulting in a legally binding contract.
Liability
The information and material on the Website are provided "as is," with no promises, conditions, or warranties of accuracy. To the fullest extent authorized by law, we, our employees, agents, representatives, contractors, and vendors associated with us expressly disclaim.
All conditions, warranties, and other terms which might otherwise be implied by statute;
We disclaim any responsibility for any loss or damage, whether direct, indirect, or consequential, that you may sustain as a result of ;
- Failure to comply with any of our commitments under this Agreement;
- the website or as a result of using or being unable to use the website;
- Search outcomes retrieved from a website;
- any websites that link to the website and any content that is published there.
To the fullest extent permitted by law, we disclaim any representations and warranties concerning the use of and access to the Website, whether express or implied by statute or otherwise.
We will occasionally need to perform normal maintenance and servicing on our servers and equipment. Although we'll try to minimize any inconvenience, we cannot promise that the Website will always be accessible online. As a result, we offer the Website "as is" and "as accessible."
We give no assurance that the Website (or websites linked to the Website) is free of malware, spyware, or other potentially harmful computer programs. You are in charge of making sure you use the proper virus-checking software.
Because of events outside of our reasonable control, we are not responsible if we fail to fulfill any of our responsibilities under these terms and conditions.
Occasionally we provide content on the website and elsewhere that includes marketing materials, results of internal and/or external research, surveys, statistics, and other similar data about our company, our industry, rivals, and associated parties for your enlightenment. We will not be held responsible for any loss or harm that may result from the release of such material, and we will not have to apologize to you or anyone else or offer compensation.
Intellectual property.
All intellectual property, including trade names, logos, and trademarks, whether, registered or not, that is included in the content of the Website is copyrighted entirely by us. Vendors or businesses they are affiliated with own or have a license for any marks used to identify them. Nothing in these terms and conditions grants you a license or a right to use any trademarks, trademarks, or logos in any form.
We hold and/or have complete control over all intellectual property rights in the website's content, the images of any products that may occasionally be featured there, and our database of products.
Your rights to use any Website Content that Homzy has obtained a license to use or that is the property of a vendor are also subject to any use restrictions that the applicable licensor or vendor may from time to time impose, and you agree to abide by those restrictions.
Except as specifically authorized in these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from, or otherwise extract, by way of "scraping" or other means, or otherwise use, or authorize any other person to use, any of the contents of the Website. You may not also ask anyone else to do so. You are explicitly forbidden from caching any of the website's contents for public access, as well as from mirroring, enclosing, or incorporating it into another website, or from allowing another person to do so without our express written consent.
Disclosures in terms of the ECT Act
You have the rights outlined in Chapter 7 of the ECT Act since using and accessing our website could be considered an electronic transaction under the terms of the ECT Act. As a result, we are required to make the following public disclosure:
Full name: …………..a private company registered in South Africa with registration number …..
Main business: Online retailer
Physical address for receipt of legal service (also postal and street address):......................
Office bearers:
Phone number:
Email address:
PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from (insert link)
Vendor information is available in the relevant Product listing and/or via the customer support center contactable via our (insert link)
Security
If you attempt to maliciously use the website by gaining unauthorized access to any of its pages or by delivering or attempting to deliver any unauthorized or destructive code to the website, we reserve the right to bring legal action against you.