Terms and Conditions

This Agreement was last modified on 18 February 2016.

  1. Introduction

    • This website can be accessed at lootadeal.com, related mobi-sites and software applications (the “Website”) and is owned and operated by lootadeal and digiobotic.com PVT Limited (“lootadeal”, “we”, “us” and “our”).
    • These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    • 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.
    • 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, pet supplies, and more (“Goods”).
    • lootadeal allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). lootadeal will indicate on relevant product pages and checkout pages when Goods are 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 lootadeal. This will be made clear in the relevant clause.
  2. Important Notice

    • These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    • These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      • may limit the risk or liability of Lootadeal or a third party; and/or
      • may create risk or liability for the user; and/or
      • may compel the user to indemnify Lootadeal or a third party; and/or
      • serves as an acknowledgement, by the user, of a fact.
    • Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    • If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask lootadeal 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 10 below, which describes the nature, functionality, usage rights and delivery of eBooks.
    • 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 lootadeal in terms of the CPA.
    • lootadeal 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.
  3. Registration and use of the website

    • Only registered users may order Goods on the Website.
    • To register as a user, you must provide a unique username and password and provide certain information and personal details to lootadeal. You will need to use your unique username and password to access the Website in order to purchase Goods.
    • You agree and warrant that your username and password shall:
      • be used for personal use only; and
      • not be disclosed by you to any third party.
    • For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    • You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    • You agree to notify lootadeal 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.
    • 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.
    • 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 lootadeal representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    • You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    • 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 lootadeal representative.
  4. Privacy policy

    • We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
    • 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 –
    • your name and surname;
    • your email address;
    • your physical address;
    • your gender;
    • your mobile number; and
    • your date of birth.
    • 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.
    • 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.
    • Subject to clause 4.7 below, we will not, without your express consent:
      • use your personal information for any purpose other than as set out below:
      • in relation to the ordering, sale and delivery of Goods;
      • to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
      • to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
      • to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
    • disclose your personal information to any third party other than as set out below:
      • to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for the ordering 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;
      • to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
      • to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
      • to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
      • to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
      • to any Third-party Seller for purposes of sending you an invoice for any Goods purchased from such Third-party Seller, which disclosed information will be limited to your email address (refer to clause 5 below).
    • We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Lootadeal is entitled 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.
    • We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
    • Ratings and Reviews:When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display any of your contact details, with a rating or review.
    • We will –
      • treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
      • 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;
      • provide you with access to your personal information to view and/or update personal details;
      • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
      • upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
    • 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.
    • Lootadeal undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
    • 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.
    • 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 lootadeal, LOOTADEAL 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.
    • 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, and to display more focused advertising to a user by way of third party tools. 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 not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 4.
  5. Third Party Sellers

    • lootadeal will indicate on relevant product pages and checkout pages when Goods are for sale by a Third-Party Seller. In such cases lootadeal only provides the platform to facilitate transactions between Third Party Sellers and lootadeal customers. lootadeal is neither the buyer nor the seller of these Goods unless otherwise specified.
    • The Sale formed on acceptance of your order for Goods that are for sale by a Third-Party Seller is therefore solely between the registered user and such Third-Party Seller. lootadeal is not a party to that sale.
    • The Third-Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third-Party Seller is also responsible to provide an invoice to the registered user if required.
    • Not all Third-Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third-Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third-Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
    • Because lootadeal wants the registered user to have a safe and consistent experience, lootadeal 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 Sale between a registered user and a Third-Party Seller on behalf of the Third-Party Seller according to lootadeal’s own Returns Policy. Should such claim escalate into being a dispute, although lootadeal is entitled to become involved in an attempt to resolve it, lootadeal is not obliged to do so and any disputes must be resolved between you and the relevant Third-Party Seller alone.

 

 

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