Terms and Conditions

  1. Introduction
    1. This website can be accessed at www.mvssa.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Mining Ventilation Society Online (RF) (Proprietary) Limited (“Mining Ventilation Society”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the sale of Goods (as defined below) and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for an extensive range of goods including sport, home and kitchenware, baby and toddler products, electronics, health and beauty products, movies and TV, gaming, books, eBooks, music, toys and pet supplies (“Goods”).
    5. Mining Ventilation Society allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Mining Ventilation Society will indicate on relevant product pages and checkout pages when Goods are being offered for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Mining Ventilation Society. This will be made clear in the relevant clause.
  2. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Mining Ventilation Society or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify Mining Ventilation Society or a third party; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Mining Ventilation Society to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 8 below, which describes the nature, functionality, usage rights and delivery of eBooks.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Mining Ventilation Society in terms of the CPA.
    6. Mining Ventilation Society permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
    7. These Terms and Conditions are divided into four sections, as follows:
      1. Part A – Orders and Sales;
      2. Part B – Privacy Policy; and
      3. Part C – General Terms.
  3. Returns
    1. Please refer to our Exchanges & Returns Policy for more information about returns (and related refunds, replacements or repairs). The Exchanges & Returns Policy is incorporated by reference and therefore form part of these Terms and Conditions.
  4. Registration and use of the website
    1. Only registered users may purchase Goods on the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Mining Ventilation Society. You will need to use your unique username and password to access the Website in order to purchase Goods.
    3. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
    4. For security purposes you agree to enter the correct username and password whenever purchasing Goods, failing which you will be denied access.
    5. You agree that Mining Ventilation Society will accept and process your order for Goods (subject to payment being received) once the correct username and password have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent and that you will be liable for payment of such order, save where the order is cancelled by you in terms of the provisions of clause 10.
    6. You agree to notify Mining Ventilation Society immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.
  5. Conclusion of sales and availability of stock
    1. Registered users may place orders for Goods as long as the Goods are available and have not been sold out.
    2. Placing a product in a shopping basket without completing the purchase cycle does not constitute an agreement of sale and/or an order for such product, and as such, a product may be removed from the shopping basket if stock is no longer available. You cannot hold Mining Ventilation Society or the Third Party Seller liable if such product is not available when the purchase cycle is completed at a later stage.
    3. An agreement of sale between you and Mining Ventilation Society or the Third Party Seller will come into effect upon completion of an online order summary on the Website and payment or payment authorisation is received by Mining Ventilation Society (or Mining Ventilation Society on behalf of the Third Party Seller) to the satisfaction of Mining Ventilation Society (the “sale”).
    4. Mining Ventilation Society may, in its sole discretion, accept the cancellation of an order by you, on sufficient cause shown and on a case by case basis. In which event the provisions set out in this clause 10 in respect of refunds and returns will similarly apply.
    5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods offered for sale by Mining Ventilation Society, Mining Ventilation Society will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock and we will only be liable for delivery of the Goods when the Goods are available. When Goods are no longer available after conclusion of a sale, Mining Ventilation Society will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
    6. In the case of Goods being offered by a Third Party Seller, Mining Ventilation Society relies on inventory information supplied by the relevant Third Party Seller and Mining Ventilation Society accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any product from a Third Party Seller which is in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out hereunder and in the Refund Policy.
  6. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Whether the Goods are offered for sale by Mining Ventilation Society or a Third Party Seller, payment can be made for Goods via –
      1. debit card;
      2. 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 reserve the right 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 purchase of 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 the Website;
      3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Mining Ventilation Society will not execute the order until receiving confirmation that payment has been received;
      4. Instant EFT;
      5. cash on delivery;
      6. eBucks;
      7. Discovery Miles;
      8. MasterPass;
      9. SBux; and
      10. cheque deposits: cheque deposits may be made by prior arrangement with Mining Ventilation Society. Mining Ventilation Society will only execute the order on notification of clearance of the cheque deposit.
    3. The above payment options are explained in more detail under Frequently Asked Questions (“FAQ”): Payment.
    4. You may contact us via email at www.mvssa.co.za to obtain a full record of your transaction. We will confirm all your purchase orders with you via email.
    5. Once you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  7. Delivery of goods
    1. Mining Ventilation Society offers 3 (three) methods of delivery of Goods to you. You may elect delivery via:
      1. courier;
      2. post office; or
      3. self-collection.
    2. Please see details of our delivery and shipping terms and conditions under FAQ’s: Shipping and Delivery which are incorporated herein by reference.
    3. Mining Ventilation Society will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to proceed with your order for the Goods or cancel your order. If you elect to cancel your order, we will reimburse you with the purchase price.
  8. Errors
    We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence) we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save as set out in clause 10.1 below.
  9. eBooks
    1. An “eBook” means an electronic book capable of being opened and read on your PC or Mac computer using Adobe Digital Editions software (“Adobe Reader”), and on certain other mobile hardware devices (such as iphones and android) using the www.mvssa.co.za Reader software (“Mining Ventilation Society eReader”). The Adobe Reader and Mining Ventilation Society eReader are “Reader Applications”. Your access to any eBook purchased by you from us will be granted via a link to such eBook) (the “Link”).
    2. IMPORTANT – Limits to functionality and usage of eBooks:
      1. You will not be able to read eBooks on devices that do not support either of the Reader Applications, therefore check your device prior to purchasing an eBook.
      2. Even if a device supports either of the Reader Applications, eBooks will only be able to be read on such devices that you have associated with your profile in the relevant Reader Application. If you have not registered additional devices with one of the Reader Applications, you will only be able to read the eBook on the device onto which it was first downloaded.
      3. You will need to be connected to the internet when you download an eBook and open it for the first time. On subsequent openings of the eBook, you will not need to be connected to the internet, provided you are opening the eBook from the device on which you first downloaded and opened the eBook.
    3. Ordering eBooks: When purchasing an eBook from us, you will be purchasing the right to download such eBook from the relevant publisher’s website and consequently, delivery will take place electronically via the internet as described below.
    4. Delivery of eBooks:
      1. Upon receipt or confirmation of payment, we will obtain your Link to the relevant eBook from the relevant eBook publisher and deliver such Link to you in your “LibraryBox” page on the Website. The speed of delivery of a Link will depend on a variety of factors, most of which are internet related and beyond our control (such as server availability, ADSL lines etc) and as such, Mining Ventilation Society does not hereby undertake to make delivery within any specific timeframe. However, as a guide only, delivery should occur within a few seconds, but can also take up to a number of hours. You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
        1. So as to reduce the risk of fraud, eBook publishers limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud;
        2. The Link will not appear if you have removed it, or Mining Ventilation Society has removed it pursuant to your having ‘returned’ the eBook (if possible in accordance with Mining Ventilation Society’s Returns Policy pertaining to eBooks from time to time);
        3. Mining Ventilation Society does not guarantee that eBook publishers will make their eBooks available for download indefinitely and Mining Ventilation Society accepts no responsibility or liability to you or any other person if, upon your accessing and clicking the Link, the relevant eBook publisher no longer has the eBook available for download via such Link, provided that, if you discover and report such a problem within 6 months of your receipt of the Link, you will be entitled to a full refund of the purchase price paid therefor.
      2. We do not charge any delivery fees for electronic delivery of the relevant eBook link, however, you may incur costs (eg internet service provider fees) associated with downloading the eBook, and we will not under any circumstances be liable for any such costs incurred by you.
      3. Practical issues to note in utilising the Link to download the eBook:
        1. The Link will contain your unique reference number as allocated by the publisher of the eBook. By clicking on the Link, a small locator file, unique to you, will be downloaded and will give you access to the eBook.
        2. IMPORTANT: the locator file required in order to access the eBooks will only be downloaded IF the device you are using to click the Link is already associated with the relevant Reader Application (i.e. if you are using a PC or Mac to click on the Link, you must have the Adobe Reader installed on that PC/Mac. If you are using a mobile device to click on the Link, you must have the Mining Ventilation Society eReader installed on that mobile device).
        3. If you have any problems relating to the functionality of your Link, please report same to us at our call centre on +27 11 482 7957 or via email to secretary@mvssa.co.za , so that we can assist you in resolving the problem.
    5. Returns of eBooks: Please refer to our Exchanges & Refunds Policy.
    6. Illegal use of eBooks:
      1. All eBooks are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of eBooks is intended for your personal and non-commercial use. Any other use of eBooks purchased from us is strictly prohibited.
      2. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person. You may also not do anything which otherwise contravenes any licence conditions imposed by the publisher, as described on the relevant eBook’s product detail page. These aforementioned prohibitions are hereinafter referred to as “Illegal Activities”.
      3. By downloading any eBook, you hereby acknowledge and agree to these terms. You hereby undertake that you shall not do nor try to do any of the Illegal Activities. You hereby indemnify Mining Ventilation Society from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against Mining Ventilation Society which arise from or in relation to your having participated in any Illegal Activities in relation to any eBook sold by Mining Ventilation Society.
  10. Third Party Sellers
    1. Mining Ventilation Society will indicate on relevant product pages and checkout pages when Goods are being offered for sale by a Third Party Seller. In such cases Mining Ventilation Society only provides the platform to facilitate transactions between Third Party Sellers and Mining Ventilation Society customers. Mining Ventilation Society is neither the buyer nor the seller of these items unless otherwise specified.
    2. The contract formed at the completion of a sale of the Goods offered for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Mining Ventilation Society is not a party to the contract.
    3. The Third Party Seller is solely responsible for the sale and fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.
    4. Because Mining Ventilation Society wants the registered user to have a safe and consistent experience, Mining Ventilation Society will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the contract between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Mining Ventilation Society’s own policies. Should such claim escalate into being a dispute, although Mining Ventilation Society reserves the right to become involved in an attempt to resolve it, Mining Ventilation Society is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
  11. Privacy policy
    1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
    2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
      1. your name and surname;
      2. your email address;
      3. your physical address;
      4. your gender;
      5. your mobile number; and
      6. your date of birth.
    3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
    4. This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions of clause 13.7 below.
    5. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    6. The purposes for which we will use your personal information are as follows:
      1. in relation to the sale and delivery of Goods;
      2. to contact you regarding current or new Goods or services (provided you have consented to receiving such marketing material);
      3. to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material); and
      4. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.
    7. Mining Ventilation Society will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –
      1. required in order to comply with applicable law, order of court or legal process served on Mining Ventilation Society; and/or
      2. disclosure is necessary to protect and defend the rights or property of Mining Ventilation Society.
    8. We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, for the sale of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
    9. We will –
      1. treat your personal information as strictly confidential;
      2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. provide you with access to your personal information to view and/or update personal details;
      4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
      6. upon your request, promptly return or destroy any and all of your personal information in our possession or control.
      7. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    11. Mining Ventilation Society undertakes never to sell or make your personal information available to any third party unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Mining Ventilation Society reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
    12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
    13. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Mining Ventilation Society, Mining Ventilation Society SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
    14. In relation to eBooks –
      1. The Mining Ventilation Society eReader is based on Adobe software. When you use the Mining Ventilation Society eReader, you agree that your data may be collected by and transmitted to Adobe via the Mining Ventilation Society eReader.
      2. Adobe may collect, receive, use and share this data, but only in accordance with Adobe’s RMSDK Privacy Policy and general Privacy Policy contained at http://www.adobe.com, as amended time to time.
      3. Data, in this clause 11.14, means any information relating to a registered user including all information that could be used to identify, locate, or contact an individual, and data relating to a registered user’s use of the relevant Reader Application, which Adobe indicates it may collect in accordance with its Privacy Policy identified above.
  12. Changes to these terms and conditions
    Mining Ventilation Society may, in its sole discretion, change the Terms and Conditions or any part thereof at any time and notice of such change in the Terms and Conditions will be provided to you, via email and/or it will be displayed on the Website. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such updated or amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such updates or amendments.
  13. Electronic communications
    When you visit the Website or send emails to us, you consent to receiving communications from us electronically.
  14. Ownership and copyright
    1. The contents of the Website, including any material, information, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Mining Ventilation Society, its advertisers and/or sponsors and/or is licensed to Mining Ventilation Society.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at +27 11 482 7957 or e-mail secretary@mvssa.co.za.
    4. Where any of the Website Content has been licensed to Mining Ventilation Society or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  15. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst Mining Ventilation Society takes reasonable measures to ensure that the content of the Website is accurate and complete, Mining Ventilation Society makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
    3. Mining Ventilation Society disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Website are not necessarily the views of Mining Ventilation Society, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Mining Ventilation Society also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Mining Ventilation Society, its employees, agents or authorised representatives. Mining Ventilation Society thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  16. Linked third party websites
    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Mining Ventilation Society is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  17. Limitation of liability
    1. Mining Ventilation Society cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Mining Ventilation Society, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to secretary@mvssa.co.za or by contacting 0861222989.
    2. Mining Ventilation Society SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    3. YOU HEREBY INDEMNIFY Mining Ventilation Society AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  18. Availability and termination
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
    2. Mining Ventilation Society may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Mining Ventilation Society will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
    3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  19. Governing law and jurisdiction
    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and Mining Ventilation Society, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. Nothing in this clause 21 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  20. Notices
    1. Mining Ventilation Society hereby selects 7th Floor, Atlantic Centre, Christian Barnard Street, Foreshore, Cape Town as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“nominated address”). You hereby select the address specified on the Goods order form as your nominated address.
    2. Either party may change its nominated address to any other physical address by not less than 7 days’ notice in writing to the other party.
    3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
      4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  21. Mining Ventilation Society information
    For the purposes of the ECT Act, Mining Ventilation Society’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

    1. Full name: Mining Ventilation Society Online (RF) (Pty) Ltd, a private company registered in South Africa with registration number 2010/020248/07
    2. Main business: Online retailer
    3. Physical address for receipt of legal service (also postal and street address): 7th floor, Atlantic Centre, Christiaan Barnard Street, Foreshore, Cape Town, 8000 (marked for attention: CEO and Legal)
    4. Office bearers: Kim Reid, Willem van Biljon, Lee Fixel, Steven Boyd
    5. Phone number: +27 87 820 5058
    6. Official email address: secretary@mvssa.co.za
      1. Mining Ventilation Society may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
      2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
      3. Any failure on the part of you or Mining Ventilation Society to enforce any right in terms hereof shall not constitute a waiver of that right.
      4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
      5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
      6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
      7. These Terms and Conditions contain the whole agreement between you and Mining Ventilation Society and no other warranty or undertaking is valid, unless contained in this document between the parties.