Induku Thupa (Pty) Ltd
- GENERAL
These terms govern all information contained on this Website, all Products offered to you to purchase and Products as provided for on this Website. Kindly read these terms, which set out our rights and responsibilities to you, as well as the conditions of any offer taken up by you on this Website.
These terms may be amended by us from time to time, without notice. You are required to read them before taking up any offer. For any assistance regarding the interpretation of these terms please feel free to contact us on info@indukuthupa.com.
You are not obliged to access this Website or purchase any Products, but should you choose to do so, you agree to be bound by these terms. Therefore your access to this Website or usage of any Products indicates your acceptance of these terms. All Products offered is subject to Induku Thupa (Pty) Limited standard Terms and Conditions which is available from the Website.
- DEFINITIONS
2.1. “AUP” means Acceptable Use Policy which is available at Zion Digital (Pty) Limited, as amended from time to time;
2.2. “ECT Act” means the Electronic Communications and Transaction Act no, 25 of 2002, as amended from time to time;
2.3. Induku Thupa (Pty) Limited, is a company duly registered in terms of the laws of the Republic of South Africa, having its registration number as 2025/858329/07;
2.4. “Products” means Audio Visual products, devices and accessories, available on the website www.indukuthupa.com;
2.5. “We/ us”/ “our” means My Company/ Website facilitator and jointly as the context may provide;
2.6. “Website” means https://www.indukuthupa.com
- TERMS OF USE OF THIS WEBSITE
3.1. We grant you a limited license to access and make personal use of the Website. You are not allowed to modify (other than page caching) the Website or any portion thereof without our prior written consent.
3.2. This license does not permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
3.3. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written consent.
3.4. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or our affiliates without prior written consent.
3.5. You may not use any meta-tags or any other “hidden text” utilizing the name of the Website name or trademarks associated with the Website without our prior written consent. Any unauthorized use allows us to terminate the permission or license granted to you.
3.6. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website so long as the link does not portray us or any of our affiliates, or the Products in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of the Induku Thupa (Pty) Limited logo or other proprietary graphic or trademark, Induku Thupa (Pty) Limited, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.
3.7. The Website may provide links to other websites which may offer services to you. We are not responsible for evaluating the content or offerings made on these websites. We do not endorse or warrant the offerings of any of the businesses or individuals, nor are we responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to us for any dealings with any other websites accessed through links provided by the Website and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.
3.8. While we make every possible effort to ensure that all product information and pricing in any form is factually correct, the Induku Thupa Website (www.indukuthupa.com) cannot be held responsible if any factual or pricing errors occur. Despite our best efforts, a small number of the products or services offered on the website may be mis-priced. E&OE
3.9. All pricing on our website is subject to availabilty and the current rate of exchange (ROE) fluctuations.
- ACCEPTABLE USE POLICY
4.1. We have implemented an AUP in accordance with section 72 of the ECT Act. We are a member of the Internet Service Provider’s Association (ISPA) and refer you to their Code of Conduct. To view this code kindly visit www.ispa.org.za/code
4.2. This AUP determines boundaries of acceptable and unacceptable behaviour of our network and resources by you and contributes to the development of a responsible and responsive electronic consumer culture in South Africa.
4.3. We reserve the right to monitor the use of our network and resources and to take any action we deem appropriate against a person/s that uses the network or resources in a manner that we deem inappropriate.
4.4. Our network and resources may only be used for lawful purposes and activities. We strictly prohibit any use of our network/resources for any unlawful activities including but not limited to:
4.4.1. Any violation of local and international laws prohibiting child pornography; human trafficking; obscenity; unfair discrimination; hate speech and speech designed to incite violence or hatred or threats to cause bodily harm;
4.4.2. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual including any attempt to link to, post, transmit any inappropriate or defamatory material;
4.4.3. Any violation of intellectual property laws including materials protected by local and international copyright, trademarks and trade secrets. We cannot be held liable for any unlawful use of multimedia content accessed using our network/resources;
4.4.4. Any fraudulent or inappropriate activity whatsoever by you, including dubious financial practices, such as pyramid schemes, the impersonation of another subscriber without their consent, or any attempt to enter into a transaction with us on behalf on another subscriber without their consent;
4.4.5. Any activity that results in the sale, transmission or distribution of pirated or illegal software;
4.4.6. Should we determine that your use of the Website, Products violates any of the acceptable use conditions as set out above, we reserve the right to terminate your account with us with immediate effect and reserve the right to take all lawful remedies permitted by the ECT Act.
- TERMS OF TRADE
5.1. Invitation to do business
5.1.1. The Products which appear on the Website are displayed as an invitation to do business and to allow you to make an offer to purchase the Products from Induku Thupa (Pty) Limited. Only when the Website Sales Team has communicated acceptance of your offer and capability to fulfil the order will an enforceable agreement of sale be transacted. This communication of acceptance from the Website Sales Team can only be communicated to you once we have confirmed stock from our suppliers.
5.1.2. The price of any Products sold on the Website is payable in South African Rand and is inclusive of value added tax.
5.2. Place and time of agreement
5.2.1. Agreement as to the terms of use of the Website shall be deemed to have be accepted by you at the time that you first accessed the Website and thereafter confirmed each time that you access the Website and shall be deemed to have taken place in the Republic of South Africa.
5.2.2. All communications with us facilitated by the Website Sales Team our Support Call Centre or email communicated between us shall be deemed to have been received, in the case of communications initiated by us when the communication leaves the website or email server, and in the case of communications initiated by you, when it is received on the Website or email server.
5.2.3. Agreement and acceptance by us of an order placed by you shall be deemed to have been made and an agreement entered into, when communication of the acceptance leaves the Website or email server.
5.3. Electronic communications
5.3.1. When you visit the Website or send e-mails to us, you are communicating with us electronically and you consent to receive communication from us electronically.
5.3.2. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to the Website and transactions concluded using the Website, as well as your intent to enter into any transaction on the Website may be evidenced by any action by you from which this may reasonably be inferred.
5.4. Applicable law
The Website and all communications and transactions concluded using the Website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with us.
5.5. Transaction History
The transaction history may be accessed by you and is provided for information purposes only. This transaction history will show your electronic transactions performed on this Website only and will not reflect refunds, cancellations or other transactions. For a full and accurate transaction history, email us at info@indukuthupa.com and we will provide you with a copy of your statement.
5.6. Refunds and Returns
This returns policy forms part of our standard terms and conditions of use.
Products shipped in error
If you receive a product that is different to the one you ordered, you need to contact us within 24 hours of receiving it. We will make arrangements for the product to be returned to us and for the correct product to be delivered to you as quickly as possible.
Under no circumstances will Induku Thupa (Pty) Ltd be held liable for any damage arising from any misuse or abuse of the goods.
5.7. Delivery of the Products
The anticipated time of delivery of any Products shall be indicated at the time that any order is accepted by us.
For all orders follow the below delivery estimates. Please note that these estimates are based on stock availability and are subject to the receipt of your payment in our bank account.
JHB Delivery Estimates: 2-5 working days
CPT Delivery Estimates: 2-5 working days
DBN Delivery Estimates: 3-7 working days
Other Outlying Area Delivery Estimates: 5-10 working days
No deliveries will be made on public holidays and during weekends.
- Delivery is subject to stock availability at the time with our suppliers and is dependent on geographical location.
- Delivery estimate will commence from when payment is reflecting in our bank account and not from time of order.
- Next business day delivery means that delivery will take place before 5:00 pm the following business day only once payment has been received.
- Subject to the client placing and paying for an order before 12:00 am during working hours.
- All orders 10kgs and more, will be delivered via road freight and delivery is estimated at 5 working days.
Our couriers can only ship to any physical address within South Africa but unfortunately we can’t ship to Postal boxes.
We will only start processing your order once we have received your payment in our account. Please note stock availability may fluctuate until then and on the odd occasion the supplier may run out of stock.
We will process your orders as quickly as possible. Orders placed on weekends or holidays are processed the following business day.
Here are our banking details. Remember to use your name and order number as a reference when email proof of payment to info@indukuthupa.com
Bank: First nation Bank
Company Name: Induku thupa (PTY) Ltd
Account Number: 631 554 940 81
Account Type: Current Account
Branch Number: 250655
We can only ship your products once payment has been received into our bank account. Unfortunately providing us with a POP is not sufficient, as we often receive fraudulent POPs.
- PRIVACY AND SECURITY STATEMENT
6.1. We know that you care how your personal information may be collected, processed and used and we appreciate your trust that the Website Administrator will do so carefully and sensibly. This notice describes the privacy policy applicable to electronic transactions. By visiting the Website, you are accepting the practices described in this Privacy and Security statement.
6.2. Information You Give Us: We receive and store information you enter on the Website or in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
6.3. Automatic Information: The Website receives and stores certain types of information whenever you interact on the Website or communicate with us by email. For example, like many websites, we use “cookies,”
6.4. E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from the Website, if your computer supports such capabilities.
6.5. By providing the information to Induku Thupa (Pty) Limited via the Website you consent to the Website Administrator collecting, maintaining, storing and processing the information, provided that the Website Administrator shall:
6.5.1. not disclose your personal information to a third party other than to effect the transactions agreed to in using the Website without obtaining your express consent to do so;
6.5.2. only disclose your personal information, without your consent, if legally required to do so;
6.5.3. be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified;
6.5.4. The Website Administrator shall own and retain all rights to non-personal statistical information compiled by it.
6.6. Whilst the Website Administrator and its affiliates shall take commercially reasonable care to safeguard the information provided by you on the Website from unauthorized access or disclosure, neither the Website Administrator nor Induku Thupa (Pty) Limited represent or guarantees that the safeguards will provide absolute protection.
6.7. The Website Administrator shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in these terms, unless agreed with you to the contrary, in writing.
- INTELLECTUAL PROPERTY STATEMENT
7.1. Copyright in any information or trademarks displayed anywhere on the Induku Thupa (Pty) Limited Website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by the Website Administrator, Induku Thupa (Pty) Limited or by the original creator of the materials, or by suppliers and service facilitator to the Website or the service providers of Induku Thupa (Pty) Limited. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described on the Website or with the prior written permission of the Website Administrator or Induku Thupa (Pty) Limited.
7.2. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- Jurisdiction
The terms set out herein and any Products offered via this Website is subject to the jurisdiction of the laws of the Republic of South Africa.
- PRICES
9.1. Sales of goods and services are invoiced at the price of acceptance of order. All prices are inclusive of VAT
9.2. Induku Thupa reserves the right to modify the prices from time to time, and Induku Thupa reserve the right to adjust prices due to US Dollar and ZA Rand exchange rate flactuations.
