WATER-GENIE TERMS OF SERVICE
These Terms of Service (“Terms”) are effective as of :
1 July 2021 “Effective Date”
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED
USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE
TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE
SECTION EXPRESSLY STATES OTHERWISE.
Clause 1 Introduction
1.1 The website water-genie.co.za (“the Website”) is operated and/or owned
by Genie Water And Sanitation (bearing registration number: 2012/119292/07)
(hereinafter referred to as “Water-Genie”, “we”, “our” or “us”). The Terms
herein are entered into by and between Water-Genie and the User. Any
reference to “Water-Genie”, “we”, “our” or “us”, shall include our
employees, officers, directors, representatives, agents, shareholders,
affiliates, subsidiaries, holding companies, related entities, advisers,
sub-contractors, service providers and suppliers.
1.2 These terms, including any document incorporated by reference herein,
“Terms”) apply to any User who uses any one or more of the Services,
accesses, refers to, views and/or downloads any information or material
made available on the Website for whatever purpose (hereinafter referred to
as “User”, “you” or “your”).
1.3 Accessing and/or use of the Website after the Effective Date will
signify that you have read, understand, accept, and agree to be bound, and
are bound, by the Terms, in your individual capacity and for and on behalf
of any entity for whom you use the Website. Further, you represent and
warrant that you have the authority to do so and that you are a Competent
Person (as defined in the Protection of Personal Information Act, 4 of
2013, as amended).
1.4 To the extent permitted by applicable law, we may modify the Terms with
prospective effect without prior notice to you, and any revisions to the
Terms will take effect when posted on the Website. Such modifications will
require acceptance by you prior to your continued use of the Website, and
shall thereby be construed as your consent to the amended or updated Terms.
Your only remedy, should you not agree to these Terms, is to refuse
acceptance of the amended or updated Terms, thereby preventing your use of
Clause 2 Terminology
2.1 “Browser” shall mean any person who visits any page of
the Website, whether by landing at the home page or any other page through
use of a hyperlink of another website or by direct access to the Website
and who has no intention of using, or does not use, the Services offered by
2.2 “Business Days” shall mean any days which are not a
Saturday, Sunday or gazetted public holiday in the Republic of South Africa
during working hours;
2.3 “Cart” shall mean the User’s Cart on the Website in
which it stores intended purchases prior to payment being made;
2.4 “Goods” shall mean the products and/or services as
made available to a User for purchase on the Website, and which shall
include, inter alia, goods and/or services relating to the following: water
filtration and related products;
2.5 “Party” or “Parties” shall mean Genie
Water And Sanitation and/or or the User as the context implies;
2.6 “Personal Information” shall mean the Personal
Information as required from the User in order to register for the
2.7 “Registration Process” refers to the Registration
Process to be followed by a Browser on our Website in order to enable them
to use the Services and thus make the transition from a Browser to a User;
2.8 “Services” shall refer to the Services provided by us
to the User as set out in clause Clause 4 below;
2.9 “Terms” shall mean these Terms of Service as read
2.10 “User” shall mean the Browser who completes the
Registration Process on the Website in order to make use of the Services.
2.11 Any use of the above terminology or other words in the singular,
plural, capitalisation and/or he/she or they, are taken as interchangeable
and therefore as referring to the same.
Clause 3 Your agreement to these Terms
3.1 Subject to, and on the basis of a User’s acceptance of the Terms, we
grant to you a limited, revocable, non-transferable license to access and
use the Website in accordance with the various policies and agreements
which may govern such use and access.
4.1 The Website enables you to shop for and purchase Goods.
Clause 5 Registration Process
5.1 Only Users may order and purchase Goods through the Website.
5.2 In order to register as a User you will, through the Registration
Process, be prompted to provide login details as well as submit certain
5.3 The provisions pertaining to the processing of your Personal
5.4 In the event of a User being of the view that their login details are
being used by someone else, please contact us immediately at
Clause 6 Purchase of Goods
6.1 The Goods as selected by the User for purchase together with the
individual price thereof shall be reflected in the User’s Cart. The price
of each of the Goods shall automatically be tallied in the Cart, as a
total, which total shall be inclusive of VAT to the extent that we are
registered for VAT.
6.2 The cost of delivery of the Goods shall also be included in the total
comprising the User’s Cart.
Clause 7 Payment
7.1 Payment may be made in one of the following manners:
7.1.1 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 Goods will be cancelled. You warrant that you are fully
authorised to use the credit card supplied for purposes of paying the
Goods. You also warrant that your credit card has sufficient available
funds to cover all the costs incurred as a result of the services used on
7.1.2 Electronic Funds Transfer (“EFT”) or Bank Transfer.
7.2 Goods will only be released for delivery once payment has been received
into our banking account.
Clause 8 Delivery of Goods
8.1 The Goods shall be delivered to the User through the services of a
courier of our selection:
8.1.1 The Goods shall be delivered to the User at the address selected
during the payment process.
8.1.2 The Goods shall be delivered, where possible on a Business Day, but
this shall depend on the courier company.
8.1.3 Any additional charges that may be levied in respect of the delivery
of the Goods or forced return of the Goods such as, but not limited to,
custom blockage in respect of a User outside of the Republic of South
Africa, shall be for the User’s account.
8.2 We shall endeavour to have the Goods delivered to you within ten days
of payment being received by us. However, we shall not be held liable for
any late deliveries attended to.
8.3 Our obligation to provide the Goods to you is fulfilled upon delivery
thereof. We are not responsible for any loss or unauthorised use of the
Goods after provision thereof to you.
Clause 9 Warranties by the User
9.1 The User warrants and represents that the Personal Information provided
to us is and shall remain accurate, true and correct and that the User will
update the Personal Information held by us to reflect any changes as soon
9.2 The User further warrants that when registering on the Website it:
9.2.1 is not impersonating any person; and
9.2.2 is not violating any applicable law regarding use of personal or
9.2.3 Further and insofar as the Registration Process is concerned, the
User warrants that the login details shall:
188.8.131.52 be used for personal use only; and
184.108.40.206 not be disclosed by a User to any third party.
9.3 The User agrees that, once the correct login details relating to the
User’s account have been entered, irrespective of whether the use of the
Log in Details is unauthorised or fraudulent, the User will be liable for
payment of any such Goods purchased.
Clause 10 Warranties by Water-Genie
10.1 We make no representation or warranty (express or implied) that the
Website or Services will:
10.1.1 meet a User’s needs;
10.1.2 be accessible at all times;
10.1.3 be accurate, complete or current; or
10.1.4 be free from viruses.
10.2 Subject to any express terms, Water-Genie makes no representation or
warranty as to the volume or subject area of Services accessible through
10.3 Except for any express warranties in these Terms the Services are
provided “as is”. Water-Genie makes no other warranties, express or
implied, statutory or otherwise, including but not limited to warranties of
merchantability, title, fitness for a particular purpose or
non-infringement. We do not provide any warranties against viruses, spyware
or malware that may be installed on your computer as a result of you
accessing or using the Website.
10.4 Water-Genie does not warrant that the use of the Website will be
uninterrupted or error free, nor does Water-Genie warrant that we will
review information for accuracy.
10.5 Water-Genie shall not be liable for delays, interruptions, service
failures or other problems inherent in use of the internet and electronic
communications or other systems outside the reasonable control of
Water-Genie. While a User may have statutory rights, the duration of any
such statutorily warranties, will be limited to the shortest period to the
extent permitted by required law.
Clause 11 Unauthorised use of the Website or email addresses as provided by
11.1 A User may not use the Website for any objectionable or unlawful
11.2 A User, apart from uploading Personal Information as required when
completing the Registration Process may also after the purchase of Goods
add a review or comment relating to the Goods so purchased by it .
11.3 We reserve the right to remove any such review in the event that same
is untrue, inflammatory or libellous.
11.4 A User undertakes not to send to us spam mail, or make use of other
unsolicited mass e-mailing techniques.
11.5 A User shall not introduce any virus, worm, trojan horse, malicious
code or other program which may damage computers or other computer-based
equipment through email communication with us.
11.6 A User may not sell, redistribute or use information contained on the
Website for a commercial purpose without our prior written consent.
11.7 A User may not remove or alter our copyright notices or other means of
identification including any watermarks, as they appear on the Website or
any of our emails.
11.8 A User understands and agrees that it is solely responsible for
compliance with any and all laws, rules and regulations that may apply to
its use of the Website or the Services.
Clause 12 Links to other Websites
12.1 The Website may contain links or portals to other websites. We have no
control over websites operated by third parties and the User agrees that we
are not responsible for and will have no liability in connection with a
User’s access to or use of any third-party website.
Clause 13 Limitation of Liability and Indemnity
13.1 The Website shall be used entirely at a User’s own risk.
13.2 We are not responsible for, and the User agrees that we will have no
liability in relation to, the use of and conduct in connection with the
Website, or any other person’s use of or conduct in connection with the
Website, in any circumstance.
13.3 We cannot guarantee or warrant that any file downloaded from the
Website or delivered to you via email will be free of infection or virus,
worms, trojan horses or other code that has contaminating or destructive
qualities. A User is responsible for implementing appropriate processes,
systems and procedures to protect itself from this type of issue.
13.4 A User indemnifies us, and agrees to keep us indemnified, from and
against any claim, loss, damage, cost or expense that we may suffer or
incur as a result of or in connection with a User’s improper use of or
conduct in connection with the Website, including any breach by a User of
these terms or any applicable law or licensing requirements.
13.5 To the maximum extent permitted by law we exclude all implied
representations and warranties which, but for these terms, might apply in
relation to a User’s use of the Website.
13.6 To the extent that our liability cannot be excluded by law, our
maximum liability, whether in contract, equity, statute or delict
(including negligence), to a User will be limited to the minimum amount
imposed by such law.
13.7 Notwithstanding anything to the contrary in these terms, in no
circumstances will we be liable for any indirect, punitive or consequential
loss or damages, loss of income, profits, goodwill, data, contracts, use of
money or any loss or damages arising from or in any way connected to
interruption of the Services of any type, whether in delict, contract or
Clause 14 Copyright
14.1 Water-Genie and the contents of the Website are the property of
Water-Genie, unless specified otherwise, and are protected by South African
and international copyright laws. Furthermore, the compilation (meaning the
collection, arrangement, and assembly) of all content on the Website and/or
the Services, is our property, unless credit is attributed to the author
thereof, and is, likewise, protected by South African and international
14.2 Except as stated in the Terms, none of the contents may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, except as
permitted by the fair use privilege under the South African copyright laws
or without our prior written permission, which should such consent be
provided, we reserve our right to withdraw such consent at any stage, in
our sole and absolute discretion.
14.3 Users are expressly prohibited to “mirror” any content, contained on
the Website, on any other server unless our prior written permission is
obtained, which should such consent be provided, we reserve our right to
withdraw such consent at any stage, in our sole and absolute discretion.
14.4 The User is granted a limited, revocable, and non-exclusive right to
create a hyperlink to the Website, so long as the link does not portray us,
our affiliates, Goods or Services in a false, misleading, derogatory, or
otherwise offensive manner. A User may not use our logo or other
proprietary graphic or trademark as part of the link without our permission
or the permission of our affiliates or content suppliers.
14.5 All trademarks and copyrights, together with any other intellectual
property rights, in and to any of the content of the Website, where not
evidently that of third parties, are the exclusive property of Water-Genie.
Clause 15 Intellectual Property
15.1 A User undertakes not to attempt to decipher, decompile, disassemble
or reverse engineer any of the software or code comprising or in any way
making up a part of the Website including any algorithm used by us.
15.2 We own or are licensed to use all intellectual property on the
Website. A User may not use any of our intellectual property for any
purpose other than as may be required to use the Website for its intended
Clause 16 Breach
16.1 If either Party commits a breach of the Terms and fails to remedy such
breach within 7 (seven) days of receipt of written notice requiring the
breach to be remedied, then the Party giving notice shall be entitled, at
its option, either to cancel the Terms and claim damages or alternatively
to claim specific performance of all the defaulting Party’s obligations,
together with damages, if any, whether or not such obligations have fallen
due for performance.
Clause 17 Arbitration
17.1 Any dispute which arises between the Parties in respect of the Terms
shall require the Parties to use their best endeavours to resolve the
dispute informally within 7 (seven) days of the dispute having been raised
17.2 If either Party provides written notification to the other that such
attempt has failed then each Party shall attempt to agree upon the
appointment of a suitably qualified mediator, within 10 (ten) days of such
dispute being referred.
17.3 If agreement is not reached as to the appointment of such mediator
within 10 (ten) days after either Party has in writing called for the
appointment of a mediator, or where an appointment has been agreed upon and
such mediator is not able to mediate a resolution of such dispute within 30
(thirty) days after such appointment then any Party may give written notice
to the other Parties referring the dispute to arbitration in accordance
with the rules of Arbitration Foundation of South Africa (“AFSA”) by an
arbitrator or arbitrators appointed by AFSA.
17.4 Either Party may demand that a dispute be referred to arbitration by
giving written notice to that effect to the other Party. This clause shall
not preclude either Party from obtaining interim relief on an urgent basis
from a court of competent jurisdiction pending the decision of the
17.5 The arbitration shall be held –
17.5.1 at/in Gauteng or other venue agreed by the parties in writing;
17.5.2 in English; and
17.5.3 immediately and with a view to its being completed within 21 (twenty
one) days after it is demanded.
17.5.4 The Parties irrevocably agree that the decision in arbitration
220.127.116.11 shall be final and binding upon them;
18.104.22.168 shall be carried into effect;
22.214.171.124 may be made an order of any court of competent jurisdiction.
Clause 18 Assignment and Novation:
18.1 We may assign or novate any of our rights or obligations under these
Terms without a User’s consent. A User may not assign or novate any of
Clause 19 Force Majeure:
19.1 The failure of either Party to fulfil any of their obligations under
these Terms shall not be considered to be a breach of, or default provided
such inability arises from an event of Force Majeure, and that either of
the Parties who may be affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures in order to meet
these Terms, and has informed the other as soon as possible about the
occurrence of such an event.
19.2 During the subsistence of Force Majeure, the performance of both
Parties under these Terms shall be suspended, on condition that either of
them may elect to cancel any Services should the event of Force Majeure
continues for more than 14 (fourteen) days by giving written notice to the
Clause 20 General
20.1 To the extent permitted by law, these Terms shall be governed by and
be construed in accordance with South African law, and any dispute arising
out of these Terms shall be submitted to the competent South African courts
having the requisite jurisdiction to hear the matter.
20.2 Subject to the dispute resolution provisions above, to the extent
necessary and/or possible, you consent to the non-exclusive jurisdiction of
the High Court in Gauteng or an alternative appropriate South African court
seized with appropriate jurisdiction in all disputes arising out of the
Terms, our Services, and/or related agreements incorporated by reference.
Clause 21 Severance
21.1 If any of these terms are deemed invalid or unenforceable for any
reason (including, but not limited to the exclusions and limitations set
out above), then the invalid or unenforceable provision will be severed
from these Terms and the remaining terms will continue to apply. Failure by
us to enforce any of the provisions set out in these Terms and/or any other
agreement, or failure to exercise any option to terminate, shall not be
construed as a waiver of such provisions and shall not affect the validity
of these Terms or of any agreement or any part thereof, or the right
thereafter to enforce each and every provision.
Clause 22 Domicilium Citandi Et Executandi and Contact Information
22.1 The User and Water-Genie choose as their respective domicilium citandi
et executandi for the purpose of legal proceedings and for the purpose of
giving or sending any notice provided for or necessary of these Terms, the
22.1.1 Genie Water And Sanitation: 19 Etosha Crescent, Sandown Estate,
Johannesburg, 2197. Email: firstname.lastname@example.org.
22.1.2 User: The address as provided when registering on the Website.
22.2 Both the User and Water-Genie may change its domicilium to any other
physical address or email address by written notice to the other to that
effect. Such change of address will be effective 7 (Seven) days after
receipt of notice of change of domicilium.
22.3 All notices to be given in terms of these Terms will:
22.3.1 be given in writing;
22.3.2 be delivered or sent by email; and
22.3.3 be presumed to have been received on the date of delivery.