TERMS AND CONDITIONS

1.  INTRODUCTION

1.1  This website is accessible at www.getpower.co.za and is owned and operated by Getpower SA (Proprietary) Limited (“GETPOWER“, “us“, “we“, “our“).
1.2  These Website Terms and Conditions(“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
1.3  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 or subscribed to the website. By accessing and using the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4  The Website enables you to shop online for an extensive range of goods including inverters, batteries, solar panels and UPS.
1.5  We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our web site, and your continued use of the site implies your acceptance of the agreement as amended.

2.  PRIVACY POLICY

2.1  GETPOWER.CO.ZA shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded here.
2.2  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 –
2.2.1  your name and surname;
2.2.2  your email address;
2.2.3  your physical address;
2.3  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.
2.4  Customer details will be stored by GETPOWER.CO.ZA separately from banking details which are entered by the client on Payfast’s secure site.  For more detail on Payfast refer to payfast.co.za
2.5  Subject to clause 2.6 below, we will not, without your express consent:
2.5.1  use your personal information for any purpose other than as set out below:
2.5.1.1  in relation to the ordering, sale and delivery of Goods;
2.5.1.2  to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
2.5.1.3  to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
2.5.1.4  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
2.5.2  disclose your personal information to any third party other than as set out below:
2.5.2.1  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;
2.5.2.2  to our divisions 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);
2.5.2.3  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 suspected illegal activity, or to investigate violations of these Terms and Conditions;
2.5.2.4  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;
2.5.2.5  to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
2.5.2.6  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 13 above).
2.6  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.
2.7  We will ensure that all of our employees, third party service providers, divisions 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.
2.8  We will –
2.8.1  treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
2.8.2  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;
2.8.3  provide you with access to your personal information to view and/or update personal details;
2.8.4  promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
2.8.5  provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
2.8.6  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.
2.9  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.
2.10 GETPOWER undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, GETPOWER 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.
2.11  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.
2.12  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 GETPOWER, GETPOWER 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.

3.  EXCHANGES & RETURNS POLICY

This Policy forms part of the GETPOWER Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

Preparing your products for a return:

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

1. package your products safely and securely for protection during transit;
2. clearly mark your return reference number on the outside of the parcel; and
3. include all accessories and parts that were sold with the product.

NOTE:  Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

3.1  Incorrect item received
If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, you will have to ensure the missing accessories or part is delivered at your cost to GETPOWER.  Failure to do so may result your return to be declined. Once we have inspected the product and validated your return, we will deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).
3.2  Products damaged on delivery
Should a product be damaged on delivery, please notify us at customercare@getpower.co.za within 3 days of such delivery. We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will replace the product as soon as possible (if the same product is in stock to use as a replacement).
3.3  Defective products
We do our best to ensure that the products we deliver to you are of a high quality, and in good working order and without defects.  Should the product be defective, please notify us at customercare@getpower.co.za with the description and images of the defects within 3 days of delivery The following will NOT be regarded as defects and will not entitle you to a return under this section:
3.3.1  faults resulting from normal wear and tear;
3.3.2  damage arising from negligence, user abuse or incorrect usage of the product;
3.3.3  damage arising from electrical surges or sea air corrosion;
3.3.4  damage arising from a failure to adequately care for the product;
3.3.5  damage arising from unauthorized alterations to the product;
3.3.6  where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and
3.3.7  signs of handling and/or repackaging
We will not be able to accept the return of an item under our general returns policy in the following situations:
if we receive a returned item later than two weeks after the date of dispatch;
        1.  partially or entirely disassembled;
        2.  physically altered;
        3.  permanently installed, affixed or attached;
        4.  Joined or added to or blended or combined or embedded within other goods or property.
3.3.8 GETPOWER will not accept the return of any product without prior authorization and a confirmation return number issued by GETPOWER.
3.3.9  Customer agree to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment.  You are required to bear the cost of shipping and insurance required for the return of the goods to GETPOWER. GETPOWER will not refund shipping charges, unless an error in delivery was made by GETPOWER.
3.3.10 There shall be a 25% return charge (as per supplier/manufacturer charge) for returns due to the order being the fault of the consumer.
3.3.11 if any component of the returned product is missing, GETPOWER will refuse to accept the return or may impose additional charges against you for the replacement of the missing components.

4.  USE OF THE WEBSITE

4.1  Only registered users may order Goods on the Website.
4.2  To register as a user, simply a unique username and password or and provide certain information and personal details to GETPOWER. You may also do the same at the checkout page. You will need to use your unique username and password to access the Website in order to purchase Goods.
4.3  You agree and warrant that your username and password shall:
4.3.1  be used for personal use only; and
4.3.2  not be disclosed by you to any third party.
4.4  For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
4.5  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.
4.6  You agree to notify GETPOWER 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.
4.7  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.
4.8  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 GETPOWER representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.9  You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.10  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 GETPOWER representative.

5.  CONCLUSION OF SALES AND AVAILABILITY OF STOCK

5.1  Registered users may place orders for Goods, which GETPOWER may accept or reject. Whether or not GETPOWER accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by GETPOWER for the Goods.
5.2  NOTE: GETPOWER will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and GETPOWER come into effect (the “Sale”). This is regardless of any communication from GETPOWER stating that your order or payment has been confirmed. GETPOWER will indicate the rejection of your order (by GETPOWER itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
5.3  Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
5.4  Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold GETPOWER liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
5.5  You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by GETPOWER, GETPOWER 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. When Goods are no longer available after placing an order, GETPOWER will notify you and you will be entitled to a refund of the amount paid by you for such Goods. When the prices have changed after placing an order, GETPOWER will notify you of the change and you will be entitle to cancel or proceed with the order where GETPOWER would update your order with the latest price(s).

6.  CANCELLATION OF ORDER

6.1  Request for cancellation of an order prior to delivery must be done in writing to sales@getpower.co.za.
6.2  any order is subject to cancellation by GETPOWER should the goods ordered become unavailable due to any cause beyond GETPOWER’s reasonable control

7.  PAYMENT

7.1  The Goods that are for sale by GETPOWER, payment can be made for Goods via –
7.1.1  EFT(Electronic Fund Transfer);
7.1.2  Cash Deposit: if you pay via direct bank deposit, 3% bank levy applies.;
7.2  No order will be binding with GETPOWER until it has been accepted by its management.
7.3  Ensure the goods ordered are suitable for the purpose of intended use. Do not place an order or make payment if you are not certain on the suitability of the product. Please contact us for assistance.
7.4  Payment for the order is due prior to dispatch/delivery.
7.5  Price listed on the website may be effected by the ruling day exchange rate and may increase as a result for the changes to the exchange rate.  Should there be a price increase, the client will have to settle the difference before the order is shipped out.
7.6 Only make payment when you accepted the updated quote with shipping fees.
7.7 Prices on the updated quote with shipping fee is valid for that specific day only and is subject to change thereafter if the order is not fulfilled on the same day.

8.  DELIVERY OF GOODS

8.1  GETPOWER’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Any delivery note or waybill(copy or original) signed by you or person accepting delivery on your behalf shall be sufficient proof that delivery was made to you. GETPOWER is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you. 
8.2  All goods delivered must be checked in order to confirm that the goods delivered with the order placed and are free from visible damage/defect.  Any discrepancies and/or visible defects must be noted on the delivery note/waybill.
8.3  Delivery of goods may arrive separately as they could be dispatched from different distribution centre due to stock availabilities.
8.4  Should you choose to arrange collection through a third party, you indemnify GETPOWER against any claims of whatsoever nature that may arise from such an agreement.
8.5  GETPOWER will deliver the Goods to you as soon as reasonably possible and shall not be held liable for any loss or damage that you may suffer due to delayed delivery.

9.  PROCESSING TIME

9.1  Approximately three to five working days, provided items ordered in stock and payments verified.
9.2  No orders will be processed on weekends or public holidays.

10.  GUARANTEES AND WARRANTIES

10.1  to the extent permitted by law, and notwithstanding any other provision of this agreement:
10.1.1  Any goods supplied by GETPOWER shall be subject to the manufacturing company’s warranty;
10.1.2  GETPOWER may only assist in enforcing such warranty against the manufacturer of those goods on your behalf.
10.2  The warranty shall immediately be rendered null and void in the event of any of the following:
10.2.1  Failure to use the products in accordance with instructions and specifications provided by the Manufacturer;
10.2.2  Should the product has been subjected to physical damage, abuse, misuse, alteration, neglect, tampering, improper maintenance, or has been serviced, repaired, installed by persons not possessing the necessary qualifications required to do so;
10.2.3  The product is not returned with an invoice/verifiable method confirming proof of purchase.

11.  REPAIRS

11.1  No repairs will be handled by GETPOWER. All manufacture defaults will be handled directly by manufacturers.
11.2  GETPOWER shall not be held liable for any loss or damage of whatsoever nature which you may suffer as a result of any unforeseen costs and/or delayed repairs done by manufacturers.
11.3  GETPOWER will lodge any compliant and place you in contact with the manufacturer to process the repair work or replacement of any product that was purchased through GETPOWER
11.4  All cost for shipping to and from the manufacturer will be at the client’s expense should the manufacturers not offer a call out or free shipping policy to cover the expense.

12.  PRODUCT SUPPORT
12.1 Products offered by GETPOWER is not a D.I.Y solution kit. Product support are limited and does not cover installation or setup support as the products require qualified or train professionals to setup or install.

13.  ERROR

13.1  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 – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 

14.  COUPONS

14.1  GETPOWER may from time to time make electronic promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of GETPOWER Goods. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
14.1.1  There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“FixedCoupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
14.1.2  Coupons are issued in GETPOWER’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
14.1.3  As a general rule, and unless specified otherwise on the specific Coupon itself:
14.1.3.1  each Coupon can only be used once;
14.1.3.2  only one Coupon can be used per order;
14.1.3.3  only one Coupon can be used on the Website per person per promotion/campaign;
14.1.3.4  coupons with a percentage discount offer may only be used on purchases with a total cart value of more than R10,000;
14.1.3.5  a Coupon must be used at check-out – it cannot be used later on existing orders; and
14.1.3.6  the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
14.1.3.7  coupons may not be used on ON SALE goods.
14.1.4  Coupons cannot be used to buy other Coupons, and cannot be exchanged or refunded for cash or credit. GETPOWER is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
14.1.5  If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact customercare@getpower.co.za to confirm if the Coupon is still valid.  If GETPOWER confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
14.1.6  You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by GETPOWER, before you are able to use a Coupon.

15.  ON SALE GOODS

15.1  Deal quantities are limited and as such, after a Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Deal).
15.2  We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of GETPOWER.
15.3  Adding a Deal to your cart, or completing your order for a Deal without paying for it, does not reserve the item for you. GETPOWER must receive payment from you within 24hours of you placing your order for a Deal, otherwise we will cancel your order.
15.4  GETPOWER will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because GETPOWER may only receive payment from you a few days later, and in the meantime the Deal might sell out to customers paying immediately.
15.5  The List Price shown in respect of Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided.
15.6  On sale items are subject to stock availability.

16.  CHANGES TO THESE TERMS AND CONDITIONS

16.1  GETPOWER may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
16.2 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 amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

17.  ELECTRONIC COMMUNICATIONS

17.1  When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners  electronically in accordance with our privacy policy as set out in clause 2 above.

18.  OWNERSHIP AND COPYRIGHT

18.1  The contents of the Website, including any material, information, data, 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 GETPOWER, its advertisers and/or sponsors and/or is licensed to GETPOWER.
18.2  You will not acquire any right, title or interest in or to the Website or the Website Content.
18.3  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 081 214 4226 or e-mail info@getpower.co.za.
18.4  Where any of the Website Content has been licensed to GETPOWER 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.

19.  DISCLAIMER

19.1  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.
19.2  Whilst GETPOWER takes reasonable measures to ensure that the content of the Website is accurate and complete, GETPOWER 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. If any such representations or warranties are made by GETPOWER’s representatives, GETPOWER shall not be bound thereby.
19.3  GETPOWER disclaims liability for any damage, loss or expenses, 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.
19.4  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.
19.5  Any views or statements made or expressed on the Website are not necessarily the views of GETPOWER, its directors, employees and/or agents.
19.6  In addition to the disclaimers contained elsewhere in these Terms and Conditions, GETPOWER 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 GETPOWER, its employees, agents or authorised representatives. GETPOWER 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.

20.  LINKING TO THIRD PARTY WEBSITES

20.1  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 GETPOWER is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
20.2  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.

21.  LIMITATION OF LIABILITY

21.1  GETPOWER 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 GETPOWER, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@getpower.co.za or by contacting 031 576 0381.
21.2  GETPOWER 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.
21.3 GETPOWER SHALL NOT BE LIABLE FOR ANY ANY LOSS OR DAMAGE ON PRODUCT DEFECTS OR MALFUNCTIONS WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY.
21.4  YOU HEREBY INDEMNIFY GETPOWER 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.

22. AVAILABILITY AND TERMINATION

22.1  We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
22.2  GETPOWER may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that GETPOWER 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, to the extent possible.
22.3  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, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
22.4  GETPOWER is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by GETPOWER to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and GETPOWER, in whole or in part, on notice to you. GETPOWER shall only be liable to refund monies already paid by you (see GETPOWER’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
22.5  At any time, you can choose to stop using the Website, with or without notice to GETPOWER.

23.  GOVERNING LAW AND JURISDICTION

23.1  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.
23.2  In the event of any dispute arising between you and GETPOWER, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Kwazulu Natal Division, Durban) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
23.3  Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

24.  NOTICE

24.1  GETPOWER hereby selects 2nd Floor, 201 Beacon Rock, 21 Lighthouse Road, Umhlanga Rocks, Durban, 4319 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). GETPOWER may change this address from time to time by updating these Terms and Conditions.
24.2  You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving GETPOWER not less than 7 days’ notice in writing.
24.3  Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
24.3.1  by hand will be deemed to have been received on the date of delivery;
24.3.2  by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
24.3.3  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
24.3.4  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.

25.  INFORMATION

25.1  For the purposes of the ECT Act, GETPOWER’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
25.1.1  Full name: Getpower SA (Pty) Ltd, a private company registered in South Africa with registration number 2020/667207/07 and VAT number 4710293020
25.1.2  Main business: Retail
25.1.3  Physical address for receipt of legal service (also postal and street address): 2nd Floor, 201 Beacon Rock, 21 Lighthouse Road, Umhlanga Rocks, Durban, 4319 (marked for attention: CEO and Legal)
25.1.4  Phone number: +27 31 576 0381
25.1.5  Official email address: info@getpower.co.za

26.  GENERAL

26.1  GETPOWER 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.
26.2  You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
26.3  Any failure on the part of you or GETPOWER to enforce any right in terms hereof shall not constitute a waiver of that right.
26.4  If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
26.5  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.
26.6  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.
26.7  These Terms and Conditions contain the whole agreement between you and GETPOWER and no other warranty or undertaking is valid, unless contained in this document between the parties.