MAZARIN TRADING CC (REGISTRATION NO: 2005/166374/23 t/a BARCODES SOUTH AFRICA [“Barcodes SA”]

Terms and Conditions

This document was most recently updated on the [15FEBRUARY 2014]

1. General

1.1 These terms and conditions of use and purchase and privacy policy (“Terms”) govern your (“the User”) use of Barcodes South Africa’ (“the Provider”) website located at domain name, www.bar-codes.co.za, and all associated domain names, (“the Website”).

1.2 By accessing the Website, through any forum, including but not limited to mobile applications, the User acknowledges and agrees to be bound by the Terms. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, or otherwise copy or distribute any Content located or found on the Website.

1.3 Any User who registers for a user account (“Registered User”), or any User who purchases Goods or Services (as defined below) through the Website (“Purchaser”) (collectively hereinafter referred to as the “Users”) agree to be bound and will be bound by the Terms in terms of clause 1.1 and 1.2 above.

2. Updating these Terms

The Provider may at any time amend the Terms, which amendments shall be effective immediately from the time when the amendments are loaded on to the Website. The Provider will use its best endeavours to notify the User of any amendments by posting a notice on the Website. The User’s continued use of the Website following the amendments of the Terms will be deemed to be and will constitute acceptance of the Terms (as amended) by the User/s.

3. Registered User and Purchaser Data

Registered Users and Purchasers agree to provide accurate, current, and complete information about you and/or your business where requested by Mazarin Trading Registered Users and Purchasers agree to maintain and expeditiously update all information about you and/or your business. Registered Users and Purchasers agree to maintain the security of your username and password, and you hereby acknowledge and agree that you are responsible for any and all use of your user account, whether authorized or unauthorized, and for any actions that occur using your user account.

4. The Supplier of Goods and Services Details;

4.1 In accordance with the disclosure requirements of the Electronic Communications and Transactions Act 25 of 2005 (“ECTA”), the supplier of goods or services offered for sale, hire or exchange by way of an electronic transaction, makes the following information available to consumers:

4.1.1 The Supplier is:

4.1.1.1 Mazarin Trading CC (entity number: 2005/166374/23) t/a Barcodes South Africa, having as its member Saeed Ahmed Moosa [8607175063084] (“Supplier”);

4.1.1.2 Not registered for VAT;

4.1.1.3 Has its physical address: 3 Mazarin Street, Extention 13, Lenasia;

4.1.1.4 Tel: (010 500 2885);

4.1.1.5 Supplier will accept legal service at PO Box 1023, Lenasia, 1820;

4.1.1.6 Supplier’s director and office bearer is: Saeed Ahmed Moosa

4.1.1.7 The main business of the Supplier is the reselling of unused barcode numbers to small to medium sized businesses and individuals in order for same to be used on retail products to be sold in retail stores.

4.2 The Supplier’s website is www.bar-codes.co.za and its email address is
sales@bar-codes.co.za

5. Goods and Service

5.1 The goods or services sold on this website includes, inter alia, barcodes, (which include GTIN numbers), which comprise of unique numbers (12 or 13 digits in length) that, when logged with a retailer, allow for the tracking and monitoring of a product within their digital inventories.  The barcodes are machine-readable, two dimensional geometrical representation of a barcode (“Barcodes”).

5.2 Goods and services (“Goods and Services”) includes the following;

5.2.1 Barcodes (as defined above);

5.2.2 The Barcodes are provided to Purchasers in a compressed format (i.e. a file).  This compressed file will also contain a copy of the Terms, the GS1 general specifications, and spreadsheet listing assigned number(s), and


5.2.3 Along with the Barcodes, artwork will be provided in a vector graphics format, which can be re-scaled to any resolution or size in any professional layout program, including but not limited to Adobe Illustrator. Artwork is provided as a “1.5” x "1” inches graphics file either in .jpg, tif, or vector graphics format (“Artwork”).


6. Terms of download

6.1 Barcodes will be priced as follows:

6.1.1 1 (one) barcode – R150.00 (one hundred and fifty rand);

6.1.2 5 (five) barcodes – R600.00 (six hundred rand);

6.1.3 10 (ten) barcodes – R1000.00 (one thousand rand; and

6.1.4 when a specific amount of barcodes is required, for example 15, 25 or 50, the price is to be agreed by the Parties.

6.2 To the extent permissible in law, Goods and Services offered through this website, by Supplier, are strictly on an “as is” basis at the prices as set out above.

6.3 The Goods and Services are to be made available within 24 (twenty four) by, attaching to an email, the following files in the following formats:

6.3.1 compressed zip file containing the following:    

6.3.1.1 terms of use in pdf format;

6.3.1.2 Copy of invoice;

6.3.1.3 barcode numbers listed in excel format;

6.3.1.4 a image file in eps format;

6.3.1.5 a image file in jpeg format; and

6.3.1.6 a image file in pdf format.

6.4 User’s cooling-off rights under section 44 of ECTA does apply in terms of which a User is entitled to cancel without reason and without penalty.  Accordingly, downloaded files can be returned. The User must notify the Supplier within 7 days of date of receipt of the goods by email to the following address: [email protected]  If payment for the goods or services has been affected prior to a consumer exercising a right referred to in this paragraph the Purchaser is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation.

 

7. Payment

Payment can be made online by electronic funds transfer or credit/debit card through a sufficiently secure payment system. The payment system allows for review, corrections and withdrawal by User prior to placing a final order.  All major credit/debit, or electronic funds transfer are acceptable methods of payment.  The Supplier’s terms of payment are a single once-off payment for the Products and Services.

8. Complaints and disputes

Provider offers Users to file complaints via the “contact us” service of the website,
www.bar-codes.co.za. Currently Supplier does not subscribe to any alternative dispute resolution code or mechanism.

 

9. Copyright and Intellectual Property Rights

9.1 Provider provides certain information on the Website.  Content displayed at the Website is provided by Provider, its affiliates or subsidiary, or any other third party owners of the content (“Content”).  All the proprietary works, and the compilation of the proprietary works, belong to the Provider, its affiliates or subsidiary, or the third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws.

9.2 The Providers may make any changes to the Website, the Content, or to products or services offered through the Website at any times and without notice to the User.  The User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

10. Limited License to General Users

10.1 Provider grants the User, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

10.2 This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Provider.

10.3 The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another merchant. The User may not frame the Website or the Content without the express written consent of Provider.

10.4 Provider and the Owners do not offer Products or Services to minors. If you are under the age of 18, you may not act upon any offers on the Website.

10.5 Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

10.6 Any unauthorized use terminates this license.

 

11. Limited License to Registered Users

11.1 Provider allows and processes the registration of certain corporate users (“Registered User”) at the Website.

11.2 Subject to these Terms, a non-exclusive, non-transferable, limited and revocable right is granted to Registered Users to access, display, use, download and otherwise copy the current and future Content for the purposes agreed to by the Registered User and Provider in their respective agreements.

11.3 This Website and the Content may only be:

•           duplicated, copied;

•           visited; or

•           otherwise exploited,

for the specific purposes set out in this agreement.

11.4 The license does not allow the Registered User to collect product or service listings, descriptions or other information displayed here. It also does not allow any derivative use of this Website or the Content for the benefit of another merchant.

11.5 The Registered User may not frame the Website or the Content without the express written consent of Provider.

11.6 Provider and the Owners, their affiliates or subsidiary reserve the right in their sole discretion to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

11.7 Any unauthorised use terminates this license.

 


12.          Limitation of Liability

12.1 Subject to the provisions of sections 43(5) and 43(6) of the ECTA, and to the extent permitted by law, the Website, all Content on the Website, are provided on an "as is" basis, and may include inaccuracies or typographical errors and Provider, Owners, suppliers, employees, director’s partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whomever as a result of any action or omission. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.

12.2 Neither Provider nor any holding company, affiliate or subsidiary of Provider or Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law.

13. Warranties and Representations Concerning Goods and Services Sold via the Website

13.1 To the extent permissible by law, the Provider undertakes no responsibility for the quality of the Goods or Services sold through the Website except where otherwise provided for in the Terms.  The Goods or Services sold through the Website are sold “as is” and the Purchaser hereby understands and agrees that the Purchaser will hold harmless, indemnify, the Supplier/Provider, including its members, agents, and employees, from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to attorney’s fees, that arise from the purchase and use of the Goods or Services from the Supplier, the Purchaser’s violation of the rights of a third party, or the Purchaser’s violation of any intellectual property rights. This obligation to hold harmless, indemnify, and defend the Supplier will survive the failure or termination of these Terms and your purchase and use of any Goods or Services purchased from the Provider.

13.2 The Provider/Supplier warrants that you will be issued an unused GTIN number and that the Provider/Supplier will maintain a database of all GTIN number prefixes that have been transferred or granted Provider/Supplier.

13.3 Upon a sale of any or all of the assets of the Provider/Seller, Provider/Seller will be absolved of any duty to maintain a database of GTIN number prefixes. 

13.4 The Purchaser hereby understands and agrees that it will not resell any and all GTIN numbers or Artwork issued by the Provider/Supplier to a third-party.

13.5 The Purchaser further hereby understands and agrees that some retailers may not accept the GTIN numbers and Artwork issued by the Provider/Supplier because the GTIN number or Artwork are not purchased directly through the GS1 or for any other reason whatsoever.


13.6 Whilst the Provider/Supplier undertakes to use its best efforts to notify Purchasers of retailers that will not accept GTIN numbers or Artwork issued by the Provider/Supplier, the Purchaser hereby understands and agrees that the Provider/Supplier will not be held liable or refund the purchase price of Goods or Services sold through the Website for the failure of any third-party to accept GTIN numbers or Artwork issued by the Provider/Supplier.  Furthermore, the Purchaser hereby understands and agrees that the Provider/Supplier will not be held liable for any losses that may arise as a result of the use of the Goods and Services sold to the Purchaser

13.7 The Purchaser hereby understands and agrees to reasonably notify Provider/Supplier of any and all retailers that will not accept your GTIN numbers or Artwork within the Republic of South Africa from time to time, when becoming aware of such retailers’ unwillingness to accept the GTIN numbers and Artwork.

13.8 The Purchaser hereby understands and agrees to notify the Provider/Supplier within seven (7) days of any changes to contact information, including but not limited to a change of address, email address, or telephone number.

13.9 Users Registered Users and Purchasers hereby understand and agree that they may not assign your rights or obligations under this Terms of Use agreement.

13.10 The Provider may assign its rights and duties under this agreement at any time, including but not limited to a sale of the Website and itsassociated content by the Provider.

13.11 The Provider/Supplier retains all of its rights under the law to prosecute Purchasers found pirating or unlawfully using any GTIN numbers or Artworks provided by the Provider/Supplier Specifically held liable for reprinting

14. Privacy, Access to and Use of Information

14.1 The Provider receives various types of information from Users who access the Website, including but without limitation, personal information as detailed in the Promotion of Access to Information Act, 2000 ("PAIA"), as defined in the ECTA, and includes the names, birth dates, email addresses, phone numbers, and credit card information ("the Personal Information").

14.2 The User may choose not to provide certain Personal Information, but that may limit the services that the User may wish to obtain from the Provider.

14.3 The Provider may electronically collect, store and use the Personal Information and the User hereby consents to the Provider collecting, storing and using the Personal Information of the User.

14.4 Interception of communications. Despite such undertaking, it is possible for Internet-based communications to be intercepted.


• Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.

•           The Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Owners or Provider through the Internet, or that you expressly or implicitly authorize the Owners to make, or for any errors or any changes made to any transmitted information.

14.5 To ensure acquaintance with and awareness of the privacy measures and policies of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.

15. Privacy - casual surfing

15.1 The User may visit the Website without providing any personal information.

15.2 The User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.

15.3 This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.

15.4 Provider uses this information to determine use of the Website, and to improve Content.

15.5 Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.

16. Privacy - unsolicited information

16.1 If the User posts unsolicited content or other information (“Information”) to the Website and does not indicate otherwise the User grants to the Owners a:

•       non-exclusive;

•       royalty-free;

•       perpetual (everlasting);

•       irrevocable (irreversible); and

•       fully sub-licensable,

right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.

16.2 The User grants to the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants:

• that the User owns or otherwise controls all of the rights to the Information that the User posts;

• that the Information is accurate;

• that by the supply of the Information to Provider;

• the User does not violate this Policy and does not infringe the rights of any person or entity; and

• that the User indemnifies the Owners for all claims resulting from the receipt by the Provider of the Information the User supplies to it.

16.3 Provider may monitor and edit or remove any Information, where posted to public pages. The Provider takes no responsibility, and assumes no liability for any Information posted by the User or any third party.

17. Privacy-solicited information the User gives to Provider

17.1 Provider requires certain Personal Information necessary to process transactions if the User requires any of Provider’s products or services.

17.2 Provider receives and stores all Information, including Personal Information which the User enters on the Website or gives to Provider, in any other way. The User may choose not to provide certain Personal Information, but that may limit the services or products that the User may wish to obtain from this Provider.

17.3 Provider provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User and when entering into the specific transactions in question expressly grants in writing to the Owners and the Provider a:

•           non-exclusive;

•           royalty-free;

•           perpetual;

•           irrevocable; and

•           fully sub-licensable,


right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media including transactions with the user and the registration of the user.

17.4 The User’s Information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into is shared with those entities.

18. Privacy - promotional information  

Provider aspires to provide first-class service to its customers, which requires Provider providing information to the User about new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please send an email to [email protected]

19. Privacy- business transfers  

Provider may enter into business arrangements and its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.

20. Privacy- lawful purposes  

When the Provider is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. Provider may also impart Personal Information if permitted or required to do so by law.

21.          Privacy-surveys and statistical profiles

21.1 Provider understands that efficiency and customer care translates to good service. Provider may periodically conduct online customer care surveys to enable the updating of service standards.

21.2 When it conducts a survey, Provider must inform the User how the information gathered will be used, and provide the User with the opportunity to opt-out from such surveys.

21.3 Despite terms to the contrary, Provider may choose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.

22. Privacy- storage  

Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable).

23. Privacy- interception  

Subject to the Regulation of Interception of Communications Act (“RICA”), Act 70 of 2002, the User agrees that the Provider may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to the Provider, its employees, directors and agents. User agrees that his or her consent satisfies the requirements of ECTA and RICA for consent in “writing” as defined.

24. Termination

24.1 The Provider reserves the right to, in its sole discretion and without notice to the Registered User, terminate the registration of the Registered User, and prevent or restrict access to the Website.

24.2 The Registered User may at any time terminate its own registration.

24.3 The Registered User acknowledges and agrees that, notwithstanding the termination of the User’s registration, any content or user submissions posted by the user may, at the Provider’s discretion, remain on the Website. Notwithstanding termination, the Terms including all warranties, representations, consents, acknowledgements and undertakings made by the Registered User remain of full force and effect.

25. Contractual Errors and Omissions

The goods and services listed on this website are not an offer to enter into a contract. The Provider provides the Website and its associated content only as an invitation to deal, and the User hereby understands and agrees that its offer to purchase goods or services from the Supplier will be accepted at the sole discretion of the Supplier.  The Provider reserves the right to deny your offer for any reason, and the user hereby agrees and understands that the Provider will not be held liable for any error or omission in the pricing or listing of any good or service sold through the Website.

26. Applicable Law

26.1 This Website is controlled, operated and administered by the Provider from its offices as set out below within the Republic of South Africa.

26.2 These Terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Johannesburg High Court in the event of any dispute.

26.3 If any of the provisions of these Terms are found by a Court of competent jurisdiction to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.


27. General

27.1 These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Provider.

27.2 These Terms constitutes the entire agreement between the Provider and the User with regard to the matters set out herein.

28. Contact Details  

In the event that you need to contact Provider for purposes related to these Terms and Conditions, please use the following:

Telephone: 010 500 2885

Fax: 011-854-7607

Email:sales@bar-codes.co.za

Date: 15 February 2014