- This website can be accessed at www.Bumbo.co.za (the Website). The Website is owned and managed by Bumbo Distribution South Africa (Pty) Ltd (Registration No. 2015/298807/07) (Bumbo SA). The online store which is a feature of the Website (the Store), is operated by Bumbo SA.
- These terms and conditions (the Terms) are binding on any person who accesses or uses the Website or any mobile applications that may be made available by Bumbo SA (the User). By entering the Website and/or ordering products through the Website, the User agrees to be bound by and shall be deemed to have accepted these Terms, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms, the User should not enter, view or conduct any transaction on the Website.
- The Website enables a User to shop online for an extensive range of items, including infant seating products, bathroom aids and accessories and have them delivered door-to-door within certain areas in South Africa. All Users will be able to view the products on offer and purchase products on the Website.
- Bumbo SA makes no warranties or representations in respect of products sold to Users, other than as set out in its Product Warranty.
- To the fullest extent permitted by law, Bumbo SA shall not be liable for any damages, injury, loss, cost or expense suffered or incurred by Users as a result of products sold by Bumbo SA.
- To the extent permitted by law, the User indemnifies and holds Bumbo SA, its officers, employees, agents and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the products sold by Bumbo SA or the use of such products.
- The User makes use of this Website at their own risk.
- The Website and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis. Bumbo SA makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the User.
- To the extent permitted by law, the liability of Bumbo SA for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any User.
- Notwithstanding anything to the contrary contained in these Terms, Bumbo SA shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
- The User assumes all responsibility and risk for the use of the Website. The User hereby indemnifies Bumbo SA and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.
- Bumbo SA will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Bumbo SA.
- These Terms do not intend to, nor shall they be interpreted to, limit the liability of Bumbo SA in any way which would be illegal for Bumbo SA to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.
- The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents without the prior written consent of Bumbo SA.
- Bumbo SA reserves the right to make any changes to the Website, its content and/or products offered through the Website at any time and without prior notice.
- Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of Bumbo SA unless otherwise stated. Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at their own risk and in their own discretion and disclaims and indemnifies Bumbo SA from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.
- No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be posted on the Website nor may such content be associated in linking to the Website.
- Any material uploaded by the User to the Website will be deemed to be non-confidential and in uploading such material the User cedes and assigns all rights in such material to Bumbo SA. Bumbo SA shall be free to copy, adapt, distribute and disclose to third parties any such material for any purpose in any form throughout the world in perpetuity. The User waives any moral rights that it may have in such material.
- The Website may contain links to other websites. Bumbo SA has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.
- The User may link to this Website, provided that the User will not replicate any particular page, including the homepage. When linking to this Website, the User confirms and agrees that it will comply and ensure compliance with the requirements of this clause 11.
- Although every effort will be made to have this Website available at all times, the Website may become unavailable for reasons including (without limitation) maintenance or repairs, loss of connectivity or some other form of interruption. Bumbo SA does not warrant against nor will it be held liable for such downtime and the User indemnifies Bumbo SA against any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
- If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, the User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User’s username and password. When the User’s username and password have been used in order to gain access to the Website, Bumbo SA shall be entitled to assume that such use and all related communications emanate from the User. Bumbo SA shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
- In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to Bumbo SA with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. Bumbo SA may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
- If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, Bumbo SA shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on Bumbo SA’s part and without prejudice to Bumbo SA’s rights in terms of these Terms or at law. Following such termination, the User will forfeit the right to link to this Website as described in clause 11.7.
- By accessing the Website the User represents and warrants that he owns and/or otherwise controls all of the rights to the content that the User posts and/or uploads. Furthermore, the User represents and warrants that the content submitted to the Website is accurate, usable; and will not cause injury, defame any person or breach any clause of these Terms or any law. The User shall indemnify Bumbo SA from and against any and all loss by any person which results from a breach of these representations or warranties.
- The User acknowledges that Bumbo SA and/or Buitendag Holdings Proprietary Limited (Registration No. 2013/235286/07) (BH) are the proprietors of any and all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trademarks, goodwill and/or trade secrets (Intellectual Property) associated with, related to or appearing on the Website.
- The content of the Website, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
- The User undertakes:
- not to use or register any trademarks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the trademarks or which marks are likely to be associated with the trademarks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the trademarks;
- not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of the rights, title and interest in and to the Intellectual Property; and
- not in any way to make unauthorised use of the Intellectual Property or to represent that the User has any rights of any nature in the Intellectual Property or any registrations thereof.
- Without limiting the generality of the provisions of clause 12.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
- Bumbo and/or BH graphics, logos, page headers, button icons, scripts and service names are the property of Bumbo SA and/or BH. Bumbo and/or BH trademarks and trade dress may not be used in connection with any product or service that is not conducted by Bumbo SA or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bumbo SA or any of its associated companies.
- The User may not use any of the Intellectual Property without Bumbo SA’s prior written consent. All other trademarks not owned by Bumbo SA that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trademarks without prior written consent from the relevant owners.
- The User warrants that:
1. the User will not use the Website in any way that causes, or is likely to cause, the Website and access to the Website to be interrupted, damaged or impaired in any manner;
2. no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Website or into Bumbo SA’s systems which may cause any form of technological harm or any other form of harm in any manner or respect;
3. the User will not attempt to gain unauthorised access to the Website, including through the theft of any third party’s username and password; and
4. the User will not attempt to gain unauthorised access to the Website’s server, databases, computers or any other device associated with the Website and will not attack the Website through a denial-of-service attack or a distributed denial-of-service attack.
- Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and Bumbo SA will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
- Although Bumbo SA and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, Bumbo SA does not warrant that the Website is free of malicious content or viruses and Bumbo SA will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 13.1.2. which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.
- The User warrants that they will not use the Website in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.
- Bumbo SA reserves the right to at any time suspend or terminate the Website or any activity on the Website for any reason, including (without limitation) any misconduct or unlawful use of the Website by any User or for any reasons relating to any law, legislation or regulation.
- In the event that the Website, any activity or event on the Website or any person’s purchase of any of the products offered for sale on the Website is suspended or terminated, a person shall have no claim against Bumbo SA for whatever reason.
Neither the User or Bumbo SA shall be liable to the other for any delay or non-performance of its respective obligations under these Terms to the extent that performance is interrupted or prevented by any act or omission beyond its reasonable control. Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which performance is prevented.
- Each Party chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of this Agreement and its domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served:
- Bumbo SA: 212 Hardie Muller Street, Rosslyn, Pretoria, South Africa, with a copy emailed to info@Bumbo.com (the sending of such copy being required in order for any notice to be considered validly delivered to Bumbo SA).
- The User: As per the address supplied when the User registered as a user of the Website.
- Any notice or communication required or permitted to be given to a Party pursuant to the provisions of this Agreement shall be valid and effective only if in writing and sent to a Party’s chosen address in accordance with the provisions of clause 17.1, provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.
- If at any time there is a failure by Bumbo SA to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
- Special terms and conditions apply to all promotions and competitions run by Bumbo SA, which will be displayed on the Website from time to time.
- A full record of every sale and related transaction shall be maintained on the Website by Bumbo SA for a period of 12 months following the date of such sale or related transaction. Users will thus only be able to view and print such record during such period, whereafter users shall be responsible for retaining their own record of the relevant sales or related transactions.
- Any and all communications between the parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.
- If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable.
- Nothing in these Terms or a contract between the User and Bumbo SA shall create or be deemed to create a partnership, agency or a relationship of employer and employee between the User and Bumbo SA.
- The User shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms or a contract or any or all of the User’s rights under these Terms.
- No person who is not a party to these Terms or a contract shall acquire any rights under it or be entitled to any benefit of its terms, even if such person has relief on any such terms or has indicted to any party to these Terms or that contract its assent to any such term.
- Contracts for the purchase of products through the Website will be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
Bumbo SA’s Customer Service Centre can be contacted on 012-564 8900 or at customerservice@Bumbo.co.za. Complaints should be described as fully as possible and where applicable, copies of the order, Order Confirmation or the order number should be provided. Should the complainant not receive a response within 5 (five) Business Days, the Customer Services Centre should be contacted to make further enquiries.
- Company: Bumbo Distribution South Africa (Pty) Ltd Registration number: 2015/298807/07 Physical address: 212 Hardie Muller Street, Rosslyn, Pretoria, South Africa Postal address: P O Box 3081, Rosslyn, Pretoria, 0200, South Africa Telephone number: +27 (0)12 564 8900 E-mail address: info@Bumbo.co.za Website address: www.Bumbo.co.za VAT number: 4580272237
- Bumbo SA will receive service of documents in legal proceedings at the above physical address.
- Place of registration: Republic of South Africa.
- Registration Date: 21 August 2015