Terms & Conditions

TERMS & CONDITIONS

INTRODUCTION

Welcome to the website Jam Media Solutions (Pty) Ltd trading as Jam-Store (hereinafter referred to as “Jam-Store “) at www.jamstore.co.za (hereinafter referred to as the “website”) with the registration number 2020/903511/07. Please take a moment to read these Terms and Conditions to understand how they apply to your use of the website and any products or services that you may order online. Your continued use of the website will constitute acceptance of the Terms and Conditions, unmodified by you.

DEFECTS, CANCELLATIONS, RETURNS, REFUNDS & GUARANTEES

2.1. Should you not be satisfied with your product purchased by from us by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced. Please note with regards refunds, they are done once a week and not necessarily immediately upon request. As a valued customer, we shall at all times endeavour to provide you with the best customer service and ensure that all your rights in terms of the Consumer Protection Act are protected. As a gesture our commitment to you we have established a ‘change of mind/ peace of mind’ return policy, which is provided to you over and above the rights you have in terms of the Consumer Protection Act. In terms of this returns policy, we may consider replacing goods purchased with us within 14 days from the date of receipt if such goods are returned in their original condition and packaging.

Please note that payment of shipping will be required should your return be for a reason other than item quality or an out-of-box failure. Payment of shipping will not be required if these issues have arisen, however sometimes this needs to be proven by an assessment of the item. If you have already paid shipping and the item was indeed faulty this shipping fee will be refunded to you. .

Please note no item can be returned or exchanged if the item has been removed from it’s original packaging.

SALES RECORDS

3.1.  Full sales records regarding the transactions between you and Jam-Store shall be maintained on the website for a period of 12 months from the date of conclusion of the sale or related transaction. You shall thus only be able to view and print such record during such period, where after you shall be responsible for retaining your own record of the relevant sale or related transaction.

CONCLUSION OF SALE AND AVAILABILITY OF STOCK

4.1. A sales order will only be deemed as completed once you have completed the purchase cycle and an approved payment/order confirmation is received. We will confirm your purchase order with you via your specified email. By you placing a product into your shopping cart or adding a product to a wish-list does not constitute a sale nor is such products, its price nor its quantities reserved. In the event that you complete the purchase cycle for such products at a later stage Jam-Store cannot be liable to honor any price changes or if such products are not available. Jam-Store shall use reasonable endeavors to make the advertised stock available at the displayed price, for the period specified. To the extent of the expressed stock limitation (or availability) Jam-Store shall supply the consumer with the same or equivalent stock as an alternative to the advertised stock, in the event of running out of stock on the expressed stock limits. (Jam-Store may limit the quantity of sale goods per consumer.) Jam-Store strives to ensure that we minimise out of stock situations. Jam-Store will take all reasonable means to make your purchased product available at that price or alternatively we will advise on an equivalent product option as an alternative in this unfortunate occurrence of running out of stock. We will notify you of any delivery delays should we need to source a product. Please refer to our termination of sale process should you opt for a full refund.

DISPLAYING OF PRICES

5.1. All pricing displayed on the web is inclusive of the current South African VAT, in South African Rands and is subject to price changes and may change without any warnings or notifications. Please note that all prices displayed include the cost of delivery. Jam-Store takes utmost care to ensure that the displayed prices are correct. If a mistake is made or incorrect price is displayed we will correct these as soon as we are made aware of the incorrect displayed price. However, should products be erroneously offered at incorrect prices and/or delivery charges for any reason whatsoever, specifically also including negligence or gross negligence on the part of Jam-Store, Jam-Store will not be obliged to sell products at such incorrect prices and/or delivery charges nor will Jam-Store be held liable for any damages caused whatsoever as result of such erroneous prices, but shall refund monies paid by you should you not want the product at the correct price and/or deliver charge. All transactions are conducted in South African RAND (R) (ZAR).

GOVERNING LAW AND JURISDICTION

6.1. This website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these Terms and Conditions, you and Jam-Store to the non-exclusive jurisdiction of the South African courts.

PRIVACY POLICY

7.1. Jam-Store respects your privacy and will handle your personal information with care. The privacy policy forms part of the website terms and sets forth the way Jam-Store will collect, use, process, secure, retain and disclose your personal information. By visiting, accessing or using the website you agree to the terms, which include this privacy policy. In order to use certain services you may be required to provide your personal information Jam-Store reserves the right to amend the privacy policy from time to time. Jam-Store will post the revised policy on the website. Each time you visit, access or use the website, you agree to the privacy policy posted on the website at the time.

7.2. If you do not agree with anything in this policy, then you may not order any of our goods or order, register for, or use any of our services.

DEFINITIONS

7.3. Words defined in the website terms of use will have the same meaning in the privacy policy. In the privacy policy:

7.4. “direct marketing” means any direct communication between Jam-Store and you for the purpose of goods and service information, marketing goods or services, customer profile building and personal customer care;

7.5. “information” means any information, including personal information that you provide to Jam-Store;

7.6. “interactive sections” means all sections of the website which allow you to communicate via the website with other visitors of the website or with Jam-Store, including but not limited to forums, clubs, surveys, feedback forms, clubs and e-mails;

7.7. “personal information” means information relating to an identifiable, living, natural person, and where its applicable, an identifiable, existing juristic person, including, but not limited to:

7.8. Information relating to race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person

7.9. information relating to the education or the medical, financial, criminal or employment history of the person;

7.10. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

7.11. the biometric information of the person;

7.12. the personal opinions, views or preferences of the person

7.13. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

7.14. the views or opinions of another individual about the person; and

7.15. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about that person

7.16. “we” or “us” or “Jam-Store” means Jam Media Solutions (Pty) Ltd, trading as Jam-Store. “website” means www.jamstore.co.za

7.17. “social media” means any social media platform, including, but not limited to Facebook, Twitter, YouTube and Pinterest.

7.18. “you” or “user” means any person who accesses or uses the website.

COLLECTION OF PERSONAL INFORMATION

7.19. We collect certain information: when you make use of our services, necessary to provide the service to you; from your web browser; from cookies we may send to your computer and from web beacons on our website to track how you use our website and to try and give you a personalised experience; and optional information, that you provide when you upload or download content from our website or when you enter competitions, take advantage of promotions, respond to surveys or register and subscribe for certain additional services.

ACTIVE COLLECTION OF PERSONAL INFORMATION

7.20. You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of the website.

7.21. In these situations, Jam-Store will ask the user for particular information, and inform the user at each information point what information is mandatory and what information is optional, specifically in the instances of ordering any goods or services from us.

BY PROVIDING US WITH ANY GOODS, SERVICES OR OPTIONAL INFORMATION YOU ARE CONSENTING TO US TO COLLECT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE LAW AND IN THE MANNER DESCRIBED BELOW.

7.22. You agree that Jam-Store may collect, use and store your personal information to:

7.23. establish and verify your identity;

7.24. maintain and update Jam-Store customer, or potential customer databases;

7.25. greet you when you access the website;

7.26. send you direct marketing material from which you will be able to opt out or unsubscribe;

7.27. provide you with value added services like specialized services and knowledgeable staff, free advice, technical call centre, peace of mind supplier backed warranties as well as special corporate deals;

7.28. send you messages about the website, your account, the goods and services we offer;

7.29. communicate with you in general;

7.30. customize the website to users’ preferences;

7.31. inform you of facts relating to your website access and use;

7.32. improve the content of the website or any of our services; installation, guarantee, extended warranties, customer care and product reviews;

7.33. inform you about Jam-Store’s goods and services, including information particularly aimed at a specific user;

7.34. inform you about competitions, promotions and special offers from Jam-Store;

7.35. do marketing and product research for Jam-Store;

7.36. provide you with targeted advertising when you access the website.

PASSIVE COLLECTION OF PERSONAL INFORMATION

7.37. Jam-Store passively collects (i.e. without the user actively providing the information) information from your browser, including an IP address, browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie information, and the page requested.

7.38. A cookie is an alphanumeric identifier which Jam-Store’s computer system transfers to your hard drive through your web browser when you visit the website. It enables our system to recognize you when you visit the website again and to improve our service to you. It also enables us to diagnose problems with our server, to report and aggregate information, to determine the fastest route for your computer to use in connecting with the website, and how to better administer and improve the website. It also enables us to compile aggregate information about your website access and use.

7.39. We can use this information to enhance the content of the website and to make it more user-friendly.

7.40. Please note that you may disable the use of cookies by configuring your browser accordingly.

7.41. You consent to the passive collection, use and storage of user’s information

DISCLOSURE / SHARING

7.42. You agree that Jam-Store may disclose, if needed, your personal information to:

7.43.  Jam-Store affiliates;

7.44. Employees or third parties contracted or employed by Jam-Store to provide services for or to Jam-Store, including for example, website hosting and development, joint content and services; customer support, technical support, financial services like credit or other payment processing, delivery services, to guide decisions about our products, services and communications (they will only use this information to send you marketing communications if you have requested their goods or services); and other support services. These companies require access to users’ personal information to perform their functions and not for any other purposes and Jam-Store will take all reasonable steps to enter into confidentiality and non-disclosure agreements with the relevant service providers;

7.45. Any third party to investigate or resolve complaints, including abuse complaints;

7.46. Credit bureaus to report account information, as permitted by law;

7.47. Banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria)

7.48. Any third party who acquires all, or substantially all, of the assets or shares in Jam-Store, any of Jam-Store’s affiliates, and/or the Jam-Store website, whether by sale, merger, acquisition or otherwise. We will disclose the transfer on the website;

7.49. Governmental agencies, exchanges and other regulatory or self-regulatory bodies if Jam-Store is required to do so by law or if Jam-Store believes that this is necessary to:

7.50. comply with the law or with any legal process;

7.51. protect and defend the rights, property or safety of Jam-Store, its affiliates or their customers;

7.52. prevent or deal with fraud or the abuse, misuse or unauthorized use of the website;

7.53. protect the rights, property or safety of members of the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, Jam-Store will proactively disclose this information to the appropriate regulatory bodies and commercial entities).

7.54. You agree that Jam-Store may use your personal information to compile profiles for statistical purposes and may trade with these profiles and statistical data, provided that the third party will not be able to link the profiles or statistical data to the user.

SELLING

7.55. We will not sell or distribute your personal information unless as specifically stated in this policy. No personal information will be disclosed to anyone except as provided in this privacy policy.

MONITORING

7.56. Jam-Store may monitor, intercept, read, block, or delete communication over its information systems.

SECURITY

7.57. Jam-Store takes reasonable steps to put in place and maintain electronic procedures and systems with reference to accepted technological standards to secure all information under its control.

7.58. Our hosting company will host our website in a secure environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorise access to personal information only for those employees who require it to fulfil their job responsibilities.

ACCURATE AND UP TO DATE

7.59. We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes explicitly defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, by emailing us, or by phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

7.60. You may update or correct your personal information to ensure it is accurate, current, and complete, by e-mailing Jam-Store Head office at info@jamstore.co.za

7.61. Jam-Store will take reasonable steps to correct or update such information as soon as possible.

7.62. You may choose to correct or update the personal information you have submitted to us, by clicking the relevant menu in any of the pages on our website.

RETENTION OF PERSONAL INFORMATION

7.63. We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:

7.64. retention of the record is required or authorised by law; or

7.65. you have consented to the retention of the record. During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.

TRANSFER OF PERSONAL INFORMATION OUTSIDE OF SOUTH AFRICA

7.66. We may transmit or transfer personal information outside South Africa to a foreign country. Personal information may be stored on servers located outside South Africa in a foreign country whose laws protecting personal information may not be as stringent as the laws in South Africa. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.

USERNAMES AND PASSWORDS

7.67. You acknowledge that Internet communications and transactions are not 100% secure or error free. In particular, information may not be secure in transit from the user to the website.

7.68. Moreover, where the user provides particularly sensitive personal information like passwords, ID numbers, or other special access features on this site, it is the user’s responsibility to maintain the confidentiality of it and to safeguard them.

CHILDREN

7.69. The website is not targeted at children under the age of EIGHTEEN and Jam-Store will not knowingly collect information from users in this age group

7.70. We encourage parents to talk to their children about the use of the Internet and information they disclose to websites.

UNAUTHORIZED USE

7.71. Unauthorized use of information systems may be a violation of the law, including the Electronic Communications and transactions Act 25 of 2002 and the agreement between you and Compustudent. A violation may result in civil and criminal penalties.

QUERIES AND COMPLAINTS

7.72. If you have any queries or complaints concerning this privacy policy and its application, you may contact the compliance officer at info@jamstore.co.za

RESOLUTION OF DISPUTES

7.73. If a dispute between Jam-Store and a user concerning the interpretation or application of this privacy policy remains unresolved, and the user wants to pursue the dispute, the user must refer the dispute to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.

7.74. The arbitration proceedings must be conducted in Johannesburg in English.

7.75. The arbitration ruling will be final and the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.

Terms Of These Terms And Conditions

8.1. These Terms and Conditions shall commence from the date on which they are published on the website and continue indefinitely, as amended by Jam-Store from time to time, for so long as the website exists and is operational, Jam-Store being entitled to terminate these Terms and Conditions and/or shut down the website at any time.