Table of contents
On this page you will find the following legal documents:
1. Our goods
We supply physical goods.
2. Read instructions
Please carefully read and follow all instructions that come with our goods. For example, any documents that help you use our goods. Please also read our website at www.niftygifts.co.za for tips on using our goods.
3. Un-returnable goods
We supply certain goods that you cannot return to us because they are perishable. This policy does not apply to those goods.
4. Cooling-off period for electronic transactions
Section 44 of the Electronic Communications and Transactions Act may apply to your electronic transactions. If you qualify as a consumer under the ECT Act, you may be entitled to cancel some electronic transactions within seven days, without reason or penalty. Section 44 is only applicable if you are a natural person – in other words, a human being. You must also be the end user of the goods or service. The transaction must be an electronic transaction – a transaction concluded via (in whole or in part) the website, email, or SMS.
This cooling off period does not apply to goods made or altered to your specifications, or goods specially ordered from a foreign country.
4.1. Return of goods in terms of cooling-off period
You must return any goods in new condition with all original packaging and materials (including any accessories or parts). We will refund the purchase price of the goods (minus the direct costs that we incur relating to the return of the goods) within 30 days of the date of cancellation.
5. Our goods warranty
We warrant that all our goods are new and of good quality unless we clearly describe them as used or reconditioned or as having specific defects.
6. Statutory warranty against defects
We warrant all our new goods against any defects for six months of normal household or business use, from the time we supplied the goods. This is the statutory warranty in terms of the Consumer Protection Act of 2008 (the CPA).
6.1. Defective goods
Defective goods are those that had a defect or were unsafe when we supplied them. A defect usually means that the goods were manufactured using materials, components or workmanship below an acceptable standard. You must prove that goods are defective. We recommend testing out your purchase as soon as you have received it to make sure that everything is in working order.
6.2. Statutory compensation
We will repair, replace, or refund the price of any defective goods that you return to us during the six month statutory warranty. Returns must follow our returns procedure below.
6.3. Choice of compensation
Any customer that is also a consumer under the CPA may decide whether we should either repair or replace the defective goods, or make a refund. We will decide how to compensate any of our other customers.
7. Statutory warranty on repairs
We do not personally carry out the repair, but we will send the goods to the supplier to be repaired. We warrant all our repairs and repaired goods against the failure of a repair and any further defect for the remaining portion of the statutory warranty plus a further three months from the time we returned the repaired goods.
7.1. Compensation under repair warranty
If you are also a consumer under the CPA, then we may choose to replace or refund the price of any repaired goods that you return to us during the three month repair warranty period.
8. Inspection of defective goods
8.1. Suitably qualified examiner
A customer that believes goods are defective should ask a suitably qualified person to examine the goods and produce a report for us to consider. A suitably qualified examiner is a reputable and independent person trained and qualified to repair goods similar to ours.
8.2. Inspection fee
You may also ask us to inspect any goods believed to be defective. We may charge an inspection fee equivalent to 20% of the price paid for the item. We will fully refund this inspection fee if the goods were defective when we supplied them.
8.3. Our examination duties
We train our staff to recognise any defects in our goods. They can usually tell if the goods have been misused, for example if they have been neglected, damaged, altered or not used according to instructions. Our staff will give reasons if they refuse to accept that we supplied defective goods, but will only do this if they honestly believe the goods have been misused.
8.4. Limited refund of inspection fee
We do not have to refund any inspection fee paid if our staff do not accept that we supplied defective goods.
9. Statutory right to return unsuitable goods
Our customer that is also a consumer under the CPA may return goods within ten days of delivery if they could not examine them before delivery and then discover that the goods are not what they ordered or expected, or are not suitable for a specific purpose that they communicated to us in writing.
9.1. Returns of unsuitable goods
A consumer must return unsuitable goods within ten days of delivery according to our returns and refunds procedure below.
9.2. Refund of price of unsuitable goods
We will refund the full price of any unsuitable goods in their original unopened packaging. For opened goods, we may deduct or charge a reasonable amount for any use of the goods plus certain costs necessary for repackaging and restocking, subject to the CPA. These costs are usually up to 25% of the cost of the goods.
10. Postage costs
We will refund the reasonable postal and insurance costs of returning defective or unsuitable goods. We may inspect the goods to confirm that they are defective before we do so.
11. Procedure for returns to other suppliers
Customers of other suppliers (such as major retail chains) must return defective or unsuitable goods directly to that supplier. Customers must use the correct returns procedure. Please contact the customer services department of the relevant supplier for details of their returns procedures.
12. Invalidation of warranties and right to return unsuitable goods
Warranties on any of our goods will be invalid if any person who is not suitably qualified has opened, tampered with or altered the goods contrary to the instructions or removed the warranty label. This also applies to goods found to be unsuitable. It may be fraud to damage goods deliberately to claim a refund.
13. Exclusion of industrial use
We only warrant goods for any industrial or unusual commercial use if we clearly state this in writing, for example on the packaging.
14. Our returns and refunds procedure
You must use our returns and refunds procedure for returning defective or unsuitable goods, or else we may refuse to accept them. Our returns and refunds procedure is as follows:
- Reply to your emailed receipt with the reason why you want to return the item(s)
- If the item was a gift and you do not have a receipt then you may need to contact the person who originally purchased the item for you
- Our customer services department may tell you that they do not believe you have a claim, for example because the warranty period of the goods has expired. In this case we may refuse to repair or replace goods, or refuse to pay a refund
- Any return of physical goods must include proof of purchase plus all accessories and instructions, and all original packaging that is still available. If original delivery packaging is not available, please make sure the goods are in protective packaging as we are not responsible for any damage in transit. If the returning product item has not been packaged properly and is damaged, then we simply cannot give you a refund. It is your responsibility to package the item correctly
- Please write the return claim number clearly on the package. We may refuse to accept a package that does not have this return claim number on it.
- Deliver the defective physical goods under warranty or unsuitable physical goods to us or post them by normal prepaid registered post, insured against loss, damage and theft. The street and postal addresses for all returns are the same as for our customer services department, details of which are below.
- If you choose to post the physical goods, please notify us that you have done so by sending us an email. In this email, please provide us with the post office tracking number for the envelope or package.
- Once we have received the package, we will notify you that we have received the physical goods. Please allow 10 working days from the date on which you sent the envelope or package for it to reach us. If we have not notified you within 10 working days, please contact the postal service that you sent the package through and try and establish whether it has been delivered to the correct address.
- We will also notify you in the same email if we have not received the return or refund claim form associated with your claim. If we have not received it, we will send you a blank return or refund claim form attached to the email. Please complete it and return it to us in terms of our returns and refunds procedure above. We will not be able to continue processing your claim until we have received this document.
If you claim that our goods are defective, our staff will examine the goods for defects. In the case of physical goods, our staff will examine the actual goods. They will report to us whether the goods were defective, were misused, or are of good quality. We do not regard the following as defective:
- faults resulting from normal wear and tear;
- damage arising from negligence, user abuse or incorrect usage of the product;
- damage arising from electrical surges or sea air corrosion;
- damage arising from a failure to adequately care for the product;
- damage arising from unauthorized alterations to the product; or
- where the specifications of a product, although accurately described on the website and generally fit for its intended purpose, do not suit you.
- If you claim that our goods are unsuitable for your purposes, we will first investigate whether you communicated the purpose to us. If you did, we will then provide you with a written report indicating whether we believe the goods were unsuitable for your specific purpose or not.
- If the goods were returned outside the seven day cooling-off period, or our staff report that the goods were misused, were of good quality, were not provided to you for a specific purpose or were suitable for that purpose, then we will not repair, replace, or refund the goods.
- If you returned the goods within the seven day cooling-off period and our staff report that the goods were defective, were provided to you for your specific purpose and were unsuitable for that purpose, then we will either contact you and ask you whether you would like us to repair, replace, or refund the price of the goods (if you are also a consumer under the CPA) or advise you how we have decided to compensate you (if you are not a consumer under the CPA).
- If you choose for us to repair or replace the goods or we decide to do so ourselves, we will contact you as soon as reasonably possible to organise the necessary steps to repair or replace the goods.
- If you choose for us to make a refund or we decide to do so ourselves, we will contact you and arrange payment of the refunded amount into a bank account of your choice within 30 days of cancellation.
15. Dispute resolution
If we do not accept that we supplied defective or unsuitable goods, and our customer services department has not been able to help, any customer may still take the matter up with a suitable ombud or other dispute resolution body, or take legal action. The dispute resolution procedures under the CPA do not necessarily apply to all transactions with us. This policy does not exclude any other rights customers may have.
16. Our customer services department contact details
Our customers can contact our service department as follows:
- Email address: email@example.com
17. Customer queries and complaints
We aim for complete customer satisfaction. We respect our customers’ rights and always try to comply with best practice and all relevant laws. If you are not satisfied with any of our goods, or have any questions, please contact our customer services department and have your invoice ready. We will try our best to solve your problem. We are proud of the reputation of our goods.
Terms of sale
These are the general terms of our relationship with you. They cover any transactions where we provide goods or services to you. Under these terms:
- we are the goods provider – You Biscuit Gifts and Stationery (Pty) Ltd t/a Nifty Gifts (Registration number: 2015/391886/07), also known as Nifty Gifts; and
- you are our customer.
An order is a separate document or form, including a webform, that contains the commercial terms of each specific transaction and incorporates these terms.
2.1. Composition. The agreement consists of these terms of service and any orders or any other specific terms applicable to the services.
2.2. Definitions. In the agreement:
business day means any day other than a Saturday, Sunday, or holiday (including a public or bank holiday) in the jurisdiction where we are organised;
business hours means our normal business hours on business days;
day means a day counted from midnight to midnight, including all days of the month, Saturdays, Sundays, and public holidays;
sign means the handwritten signature or an electronic signature that the parties agree to use, of each of the parties’ duly authorised representatives; and
we, us, or our means You Biscuit Gifts and Stationery (Pty) Ltd t/a Nifty Gifts;
writing means the reproduction of information or data in physical form or any mode of reproducing information or data in electronic form that the parties agree to use, but excludes information or data in the form of email;
you, you or your means our customer who places orders with us.
2.3. Interpretation. The following rules apply to the interpretation of the agreement:
- reference headings – clause and subclause headings are for reference only and do not affect interpretation;
- non-exhaustive lists – whenever a clause lists specific examples or items following a listing word, such as ‘including’, ‘includes’, ‘excluding’, or ‘excludes’, they will not limit its scope;
- undefined words or phrases – all words or phrases that the agreement not define have their ordinary English meaning;
- enactment references – references to any enactment include it as re-enacted, amended, or extended;
- person references – references to a person includes a natural and juristic person;
- party references – references to a party includes their successors or permitted assigns;
- number of days – when any number of days is prescribed, the first day will be excluded and the last day included;
- no interpretation against the draftsman – the rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply; and
- time calculations – the parties will use GMT +2 to calculate any times.
2.4. Departure. These terms apply to all our customers and are not generally open to negotiation for reasons of consistency. Should the parties negotiate any departure from these terms, they will record that departure in the relevant order or other specific terms.
2.5. Conflict. If there is a conflict of meaning between these terms and any word or phrase in an order or other specific terms, the meaning in the order or specific terms will prevail in respect of the relevant services.
3.1. Commencement. These terms start whenever you accept them by:
- doing so explicitly – such as by checking a checkbox saying that you do or agreeing to an order that incorporates them by reference;
- using the services in any way – such as by accessing the website or ordering goods; or
- exercising rights – such as exercising any rights granted to you under the agreement;
and continue until terminated.
3.2. Automatic renewal. If an order involves a subscription, the agreement will continue automatically from the end of the initial term or subsequent automatic renewal period for an automatic renewal period equivalent to the initial term.
3.3. Renewal termination. Either party may terminate the agreement before the end of the initial term or subsequent automatic renewal period by giving the other party at least 30 calendar days prior written notice.
4.1. Placing orders. You place orders with us whenever you place an order for goods through the website. These orders are offers to us to buy our goods or services.
4.2. Capacity and authority. You promise that you have the legal capacity and authority to enter into the agreement.
4.3. Invitation to do business. Marketing is merely an invitation to do business and we only conclude the agreement when we actually ship the goods to you.
4.4. Cancellations. We may cancel any order, but we will refund any money you have paid in relation to that particular order if we do.
4.5. Fees. Despite our best efforts, the stated fees may be incorrect. We will confirm the fees for any goods when we accept your offer.
4.6. Time and place. We conclude the agreement when we accept the order and where we are domiciled when we do.
4.7. Stock availability. We may not always have the goods on which you make offers in stock. You may cancel the offer or make another offer on the part of the goods that are in stock.
4.8. Separate agreements. Each order is a separate agreement, but you are deemed to have breached all of them if you breach one of them.
5.1. Sale. We sell the goods to you who purchases them on the terms of the agreement.
5.2. Countries. You may only make offers for goods for delivery to the countries specified by us. If your shipping or billing address is not amongst those specified, you must not make an offer. We are only able to sell into the countries specified, and we are only able to ship to those countries.
5.3. Freight and packaging. Unless otherwise agreed in an order the goods will be supplied on the following basis:
5.4. Time until dispatch. Once we receive an offer, we will endeavour to dispatch the goods as soon as reasonably practicable (which may be longer than 30 calendar days) to the address specified in the offer. We will try to adhere to the estimated delivery dates but accept no liability for failing to do so. You may not withdraw any offer due to a delay in delivery.
5.5. Risk and ownership. All risk of loss or damage to the goods will pass to you upon physical delivery of the goods to your delivery address. Ownership in the goods will only pass to you upon full payment of the fees.
5.6. Warranty. The goods will be subject to any warranty indicated in the description of the goods appearing on the accompanying documentation, packaging, or EULA. Please review those documents carefully. You will have the same rights against us as we have against the supplier regards defects in the goods, the intention being that our liability to you will be co-extensive with the right of recourse we have against the supplier. We will provide a copy of any warranty on request. To the extent legally possible, we assign to you the benefit of any supplier warranties that a supplier may give to us regards the goods. You may not waive any of our common law rights as against the supplier.
5.7. Sales representatives. None of our sales representatives have the authority to bind us and no representation, warranty or any other statements made or given by any of our sales representatives will be binding on us, unless given in writing and signed by our duly authorised representative.
5.8. Resale and exports. If you wish to resell or export any goods, you must obtain all required consents or licences under all applicable laws and regulations that may affect or regulate such resale or export.
6. Online services
6.1. Right. We grant you a right to use the services in the form of the website subject to the following limitations:
- duration of agreement – you may only use the services for the duration of the agreement;
- limited to terms – you may only use the services according to these terms;
- non-exclusive – we may allow anyone else to use the services;
- non-transferable – you may not transfer the right to anyone else; and
- specified purposes – you may only use the services for the specified purposes that we’ve communicated to you in writing from time to time.
6.2. Breach. We may cancel your right if you breach the agreement.
6.3. Basis. We provide the online services to you on the following basis:
- you give us permission to monitor how you use them for security and stability purposes; and
- you agree that our records are undisputed evidence of the services provided to you.
6.4. Access conditions. We will only provide online service access to you or your authorised users (where you are a juristic person) on the conditions that you or each one of them will:
- accurately provide us with any information that we ask for on registration or account creation;
- create or have the necessary credentials (such as a username and password) assigned to them on registration or account creation;
- look after their credentials and not give them to anyone else;
- not interfere with or introduce any malicious software into the online services or otherwise misuse them;
- be responsible for any activity that happens under their account, even if someone else was actually acting under their credentials;
- have the necessary infrastructure, equipment, and software to access the online services; and
- abide by the agreement and any policies that we communicate to them in writing.
6.5. Availability. We will do our best to make the online services available at all times, however we cannot guarantee that they will always be available. We may make them unavailable for scheduled and emergency maintenance.
7. Your data
7.1. Definition. Your data is any data belonging to you or your customer that:
- you or your customer (or any third party on your behalf) provide to us; or
- we generate, process, or supply to you or your customer in providing the services;
but excludes any derived data that we create for our own purposes or which is proprietary or confidential to us or our third party contractors.
7.2. You own it. You own all your data, but give us a right to use it to provide the services when you provide us with access to it.
7.3. We do not own it. We do not own any of your data. However, we do own our derived data. Your data does not include any derived data that we create for our own internal purposes. Derived data is any of our own data that we create from your data, such as through aggregation, de-identification, or anonymisation.
7.4. Responsibility. We take the protection of your data very seriously and will always do everything in our power to protect it. However, we are not responsible for any of your data stored on the online services, you provide it to us at your own risk, and you indemnify us against any liability for it to the extent allowed by applicable law, including liability for data breaches, unauthorised access, and third party claims.
7.5. Location. Your data will remain wherever we place it initially, unless we have to transfer it to another country to comply with our obligations to you. You consent to us transferring it to our group of companies, associated companies, service providers, or agents who may be located in other countries for the purpose of providing the services.
8. Confidential information
8.1. Definition. Confidential information is any information that the parties share with one another in terms of this agreement with the intention that the other party should keep it secret, such as personal information, business records, or customer details.
8.2. Responsibilities. Each party will keep any confidential information it receives from the other party under the agreement confidential and the receiving party will:
- protect the other party’s interests;
- only use it to comply with their responsibilities under the agreement;
- only give it to their employees or agents that need it (and only as much as they need);
- use reasonable security procedures to make sure their employees or agents keep it confidential;
- get promises of confidentiality from those employees or agents who need access to the information;
- not reveal the information to anyone else; and
- not use it for any purpose other than under this agreement.
8.3. End of agreement. The parties will give back to the other all confidential information of the other that they have at the end of the agreement, unless:
- the other party agrees that they may destroy or retain it instead; or
- it is lawfully in the public domain;
- someone else who is allowed to reveal it gives it to them;
- someone gives it to them to comply with a court order or other legal duty.
8.4. Indemnity. Each party indemnifies the other against any loss or damage that the other may suffer because of a breach of this clause by a party or its employees or agents.
8.5. Survival. This clause about confidential information is separate from the rest of this agreement and remains valid for five years after the end of this agreement.
9. Intellectual property
9.1. Ownership. We or our third party licensors own all proprietary rights in our goods or services and we or they may prosecute you for any violations of those rights.
9.2. Our technology. Our technology is anything that we have or acquire rights in and may use to perform our obligations under the agreement.
9.3. Retention of rights. We own all intellectual property rights in our technology and you may not use those rights without our permission. You do not acquire any rights in our technology if we use it to provide the goods or services to you.
9.4. Our trademarks. Our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners’ property.
9.5. Restrictions. You may not change, hire out, reverse engineer, or copy the goods or services without our permission.
You will not contract with any of our personnel, other than through us, who were involved in providing the goods or services under an order for the duration of that order or for 12 calendar months after its termination.
11. Fees and payment
11.1. Payment. You will pay us the fees on the due date in the manner agreed between the parties in writing. You may not withhold payment of any amount due to us for any reason.
11.2. Late payments. Additional charges agreed between the parties in writing apply to any payment we receive after the due date and you must pay them to us on demand. We may stop providing any services or withhold or remove any goods until you have paid all amounts due.
11.3. Interest. Overdue amounts on any outstanding invoice will bear interest for our benefit from its due date until you pay it at whichever rate is higher between:
- 2% above the prime (or prime lending) rate; or
Interest will be payable on a claim for damages from when the damages were suffered.
11.4. Appropriation. We may use any money you pay us to settle your indebtedness under the agreement, despite any particular reason you may have paid it to us.
11.5. Certificate. We may appoint an accountant to sign a certificate that will be proof of the amount due by you and the date on which it is payable.
11.6. Tax. All fees exclude any tax (unless indicated otherwise), which you will pay where applicable in addition to the fees.
11.7. Payment profile. We may provide any registered credit bureau with information about your payment of amounts.
12. Our warranties
12.1. Service warranties. We warrant that we will:
- employ enough trained personnel with the knowledge and expertise to provide the services;
- use reasonable efforts consistent with prevailing industry standards to maintain the services; and
- provide the goods or services in accordance with all applicable laws.
12.2. General warranties. We warrant further that we:
- have the legal right and authority to perform our obligations under the agreement; and
- will not knowingly introduce any malicious software into your systems.
13. Disclaimer of warranties
13.1. Disclaimer. You use the goods or services at your own risk and we disclaim all other warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
13.2. Exclusion of liability. Despite our warranties, we are not liable for any defects that your negligence, failure to follow our instructions, or misuse causes.
14. Your warranties
14.1. Agreement warranties. You warrant that:
- no one has induced you to enter into the agreement by any prior representations, warranties, or guarantees; and
- you are not breaching of any other agreement by entering into the agreement.
14.2. Indemnity. You indemnify us against any claim for damages by any third party resulting from a breach of your warranties, including all legal costs. Legal costs means the costs that a lawyer may recover from their client for their disbursements and professional services if permissible under applicable law.
15. Limitation of liability
15.1. Direct damages limited. We are only liable to you for any direct damages that the goods or services may cause up to the total amount of fees that you have already paid us for them.
15.2. Indirect damages excluded. We are not liable for any other damages or losses that the goods or services may cause you.
15.3. Your default. We are not liable for any damage or loss that your breach, misrepresentation, or mistake causes.
16. Breach and termination
16.1. Breach. If either party
- does not fix a breach within seven days of receiving written notice from the other party;
- breaches the agreement materially twice or more in six months;
- is bankrupt or has some legal disability;
- takes steps to or is closed down (such as becoming insolvent or entering sequestration);
- makes any settlement or arrangement with their creditors; or
- fails to pay a court order against themselves for a significant amount within 21 days;
then the other party may:
- make the party comply with the agreement; or
- immediately cancel the agreement in writing and claim damages from the other party, including fees already due.
16.2. Suspension. We may immediately suspend your right to use the website if:
- you try to gain unauthorised access to it;
- we decide that your use poses a security threat to us or another user other than you;
- there is evidence of fraud on your account; or
- we believe you are using it for an illegal purpose or in way that infringes a third party’s rights.
17.1. Termination for good cause. We may cancel this agreement immediately if we:
- discontinue or stop providing the goods or services;
- believe providing the goods or services could burden or pose a risk to us;
- have to terminate to comply with a law; or
- determine that providing the goods or services has become impractical.
If we need to terminate, we will give you as much notice as reasonably possible in writing.
17.2. Duties on termination. On termination, cancellation, or expiry of this agreement, we will stop providing the goods or services, your right to access the website will cease, and we may erase your data.
18. Effect of termination
18.1. Acceleration. All amounts due to us for the goods delivered before termination become due and payable on termination, cancellation, or expiry the agreement.
18.2. Assistance. We may provide you with post termination assistance (such as data retrieval) subject to additional fees and conditions, but are not obliged to.
18.3. No expectation. The agreement does not create any expectation of continued services, agreement renewal, or any further agreement between the parties.
19.1. Resolving disputes. Either party may inform the other in writing if there is a dispute. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails. If they go to arbitration, they will agree in writing on a recognized and appropriate forum for arbitration that is accessible to both parties. Despite this clause, we may apply to court for urgent interim relief while the dispute resolution process is being finalised.
19.2. Mediation. If negotiation fails, the parties must refer the dispute to mediation under AFSA’s rules. AFSA means the Arbitration Foundation of Southern Africa (or its successor or body nominated in writing by it in its stead).
19.3. Arbitration. If mediation fails, the parties must refer the dispute within 15 business days to arbitration (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations. The arbitration will be held in English in Johannesburg. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
19.4. Notices and domicile. The parties will send all notices to each others’ email addresses and choose their respective street addresses as their service addresses for all legal documents. Our email and street addresses are available on our website, while you provide your email and street addresses to us when concluding the agreement. The parties may change either address on 14 calendar days written notice to the other.
19.5. Beyond human control. Neither party is responsible for breach of the agreement caused by circumstances beyond human control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
19.6. Assignment. You may not assign the agreement to anyone. We may assign it to any successor or purchaser of our business or some of our assets.
19.7. Relationship. The agreement does not create an employment relationship between the parties.
19.8. Entire agreement. The agreement is the entire agreement between the parties on the subject.
19.9. Changes. We will notify you of any changes to the agreement by email. Those changes will only apply to future goods orders. If you do not agree with the changes, you must stop using the website or ordering from us. If you continue to use the website or place orders with us following notification of a change, the changed terms will apply to you and you will be deemed to have accepted them.
19.10. Waiver. Any favour we may allow you will not affect any of our rights against you.
19.11. Severability. Any term that is invalid, unenforceable, or illegal may be removed from the agreement without affecting the rest of it.
19.12. Governing law. South African law governs this agreement.
Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings that we may bring against you in connection with this agreement, even if the action or proceedings would otherwise be beyond its jurisdiction without prejudice to our right to institute any action in any other court having jurisdiction.
October 2018 | Version 1.1
The purpose of this policy is to describe the way that we handle your personal information.
This policy applies to you if you are:
- a visitor to our website or user of our application;
- a customer who has ordered the goods or services that we provide.
This policy applies to you under certain circumstances.
Personal information includes:
- certain information that we collect automatically when you visit our website or use our application;
- certain information collected on registration (see below);
- certain information collected on submission; and
- optional information that you provide to us voluntarily (see below);
- information that has been made anonymous so that it does not identify a specific person;
- permanently de-identified information that does not relate or cannot be traced back to you specifically;
- non-personal statistical information collected and compiled by us; and
- information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).
Personal information includes information we collect (i) automatically when you visit our website, (ii) on registration, (iii) on submission, and (iv) from you voluntarily. It excludes (i) anonymous, (ii) de-identified, (iii) non-personal statistical, and (iv) public information.
Common examples of the types of personal information which we may collect and process include your:
- identifying information – such as your name, date of birth, or identification number of any kind;
- contact information – such as your phone number or email address;
- address information – such as your physical or postal address; or
- demographic information – such as your gender or marital status.
Sensitive personal information
Depending on the goods or services that you require, we may also collect sensitive personal information including your:
- financial information – such as your bank account details;
- sensitive demographic information – such as your race or ethnicity;
- medical information – such as information about your physical or mental health;
- sexual information – such as information about your sex life or sexual orientation;
- criminal information – such as information about your commission or alleged commission of any offence or about any related legal proceedings;
- employment information – including your membership of a trade union; and
- beliefs – including your political or religious beliefs.
You must accept all the terms of this policy when you order any of our goods or order, register for, or use the website, application or any of our services. If you do not agree with anything in this policy, then you may not order any of our goods or order, register for, or use the website, application or any of our services.
You may not order any of our goods or order, register for, or use the website, application or any of our services if you do not accept this policy.
You may not access our website, application, or order our goods or services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.
By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.
You may only send us your own personal information or the information of another data subject where you have their permission to do so.
We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or the application, or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website, the application and our goods and services. If you continue to use the website, the application or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.
Once you register on our website or application, you will no longer be anonymous to us. You will provide us with certain personal information.
This personal information will include:
- your name and surname;
- your email address;
- your telephone number;
- your company name, company registration number, and VAT number;
- your postal address or street address; and
- your username and password.
We will use this personal information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.
We collect certain information on registration, when you register on our website or application.
When you order any goods or services from us, you will be asked to provide us with additional information on a voluntary basis (goods information or services information).
We collect certain information when you order any goods from us or make use of our services, necessary to provide the good or services to you.
We collect certain information from your web browser, including your Internet usage information when you visit our website or use our application.
We may place small text files called ‘cookies’ on your device when you visit our website or use our application. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve a number of useful purposes for you, including:
- granting you access to age restricted content;
- tailoring our website’s functionality to you personally by letting us remember your preferences;
- improving how our website performs;
- allowing third parties to provide services to our website; and
- helping us deliver targeted advertising where appropriate in compliance with the applicable laws.
We collect certain information from cookies that we may send to your computer to try and give you a personalised experience.
Third party cookies
Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.
We collect certain information from web beacons on our website to compile anonymous information about our website.
You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or application or when you enter competitions, take advantage or promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website or application.
We collect certain optional information, that you provide when you upload or download content from our website or when you enter competitions, take advantage of promotions, respond to surveys or register and subscribe for certain additional services.
We may monitor and record any telephone calls that you make to us, unless you specifically request us not to.
Purpose for collection
We may use or process any goods information, services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:
- goods purposes – such as collecting orders for, supplying, and supporting our goods;
- services purposes – such as providing our services;
- marketing purposes – such as pursuing lawful related marketing activities;
- business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
- legal purposes – such as handling claims, complying with regulations, or pursuing good governance.
We may use your usage information for the purposes described above and to:
- remember your information so that you will not have to re-enter it during your visit or the next time you access the website or the application;
- monitor website usage metrics such as total number of visitors and pages accessed; and
- track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website or the application
We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
Consent to collection
We will obtain your consent to collect personal information:
- in accordance with applicable law;
- when you provide us with any registration information or optional information.
We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.
We may use your personal information to fulfil our obligations to you.
Messages and updates
We may send administrative messages and email updates to you about the website. We may wish to provide you with information about new goods or services in which we think you may be interested. This means that in some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages. We will not send you promotional messages unless you are our customer, or have otherwise chosen to opt-into them. But, we may send you one message asking you to opt-into promotional messages without you having opted-into promotional messages.
We may use your information to send you administrative messages and email updates to you regarding the website and for marketing purposes where lawful.
While you are logged into the website or application, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information.
We may use your information for targeted content in certain, specified instances.
We may share your personal information with:
- other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services);
- our goods suppliers or service providers under contract who help supply certain goods or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods suppliers or service providers only use your information in connection with the goods they supply or services they perform for us and not for their own benefit);
- credit bureaus to report account information, as permitted by law;
- banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria); and
- other third parties who provide us with relevant services where appropriate.
We may share your personal information with third parties for the purposes of fulfilling our obligations to you among other purposes.
We may disclose your personal information as required by law or governmental audit.
We may disclose personal information if required:
- by a subpoena or court order;
- to comply with any law;
- to protect the safety of any individual or the general public; and
- to prevent violation of our customer relationship terms.
We may disclose personal information to third parties if required for legal reasons.
We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.
We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.
Change of ownership
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.
We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.
Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
Accurate and up to date
We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.
Please keep your personal information accurate and up to date by accessing your account, emailing us, by phoning us.
We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
- retention of the record is required or authorised by law; or
- you have consented to the retention of the record.
During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.
We may retain your personal information in physical or electronic records at our discretion.
We will only retain your personal information for as long as is necessary.
Transfer to another country
We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.
We may transfer your personal information outside the country in which it was collected to a foreign country.
Updating or removing
You may choose to correct or update the personal information you have submitted to us., by clicking the relevant menu in any of the pages on our website or the application or contacting us by phone or email.
You may choose to update or remove the personal information you have submitted to us.
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.
Callouts like this are a summary of our security policy and contain the most important and relevant points for you. Please read the full security policy because it applies to you.
There is no such thing as ‘perfect security’. We have to create a balance between increased levels of security and making transacting with us convenient to you.
Our security responsibilities
We will ensure that:
- We host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders.
- The information you give to us that is stored on or passes through our systems is protected. Encryption is used to protect the personal information you give us where it is appropriate.
- The links from our systems to systems under the control of third parties (for example our payment gateway) are secure.
- We perform regular backups of data to ensure it can be recovered in the case of a disaster.
- We log all access to our system. If any unauthorised behaviour should occur, this will assist us in identifying and resolving the issue.
- We take reasonable steps to secure your payment information and use a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of the transaction concerned.
We are responsible for hosting our website securely, protecting your information you give us, securing our links, backing-up our data, logging access, and taking reasonable steps to secure payment information.
Our security disclaimers
Please note the following:
- The third parties whose systems we link to are responsible for the security of information while it is collected by, stored on, or passing through the systems under their control.
- We will use all reasonable endeavours to ensure that our website and your information is not compromised. However, we cannot guarantee that no harmful code will enter our website (for example viruses, bugs, Trojan horses, spyware or adware). You should be aware of the risks associated with using websites (addressed below).
- If you experience a problem or loss that is caused by: (i) information you provided to us; (ii) your computer being compromised in some way; (iii) or by something beyond our control.
We cannot take responsibility for causing the problem. We will, however, do our best to help you if we can.
Your security responsibilities
- Install and activate appropriate security software on your computer. This should include anti-virus, anti-spyware and anti-spam software.
- Run regular scans of your computer for viruses.
- Update your security software to ensure you are always running the current version.
You should have security software on your computer, scan it regularly, and keep the software up-to-date.
Other steps you should take to help protect your computer include:
- Check your Internet browser’s security settings for ways to make your browsing more secure.
- Make sure that you have entered secure pages when filling in your sensitive personal information. Look for a small yellow lock commonly seen at the bottom right of your browser and http changes to https on the address bar.
- Log out after you have transacted electronically.
You should also keep your Internet browser secure, only enter sensitive personal information on secure pages, and log out.
Protecting your password
- Never share your password with anyone.
- Never send your password via email.
- Make your password as strong as possible.
Credit card information
Safe and secure
Transacting with us electronically (including transacting and using your credit card on our website) is safe and secure. It is much the same as transacting in person face-to-face.
We do not get involved in any credit card transactions directly. All credit card transactions are handled or acquired for us via our payment gateway who are the approved payment gateway for our bankers. No credit card details are stored on our website. Our payment gateway uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3). You may go to our payment gateway’s website to view their security certificate and security policy.
A Certificate Authority (or CA) checks, verifies, and certifies our service provider’s company registration documents and domains to ensure that nobody can impersonate them to obtain your payment Information.
Once you begin the checkout process you will notice that the site URL will change from “http” to" https" and a small padlock will appear at the bottom of your screen. This is indicative of a secure Internet transaction.
Our payment gateway does currently support the Verified by Visa program. You can use your Visa or MasterCard credit card as payment for an order, and our payment gateway will ask you to enter your Verified by Visa password or MasterCard SecureCode.
You must only log in to your account from a page that begins with https://niftygifts.co.za.
No confirmation through links
We will never ask you to confirm your username and password or other sensitive information by clicking on any links in an email other than the email link we send you at registration to verify your email address. Be aware of “phishing” attacks where criminals attempt to obtain your sensitive information by sending you an email, masquerading as an email from us, asking you to access your account or verify information via links in the email, or diverting you to a fake Nifty Gifts website. Please report any suspected phishing attacks to us immediately to prevent any harm to you or other users.
We will not generally ask you to confirm your personal information through links. If someone does, it may be a phishing attack.
Please report any suspicious or unauthorised activity relating to your use of our website to us directly, because it will help make our website as secure as we can.
Our right to take action
We reserve the right to take whatever action we may deem necessary at any time to preserve the security and reliable operation of our system. You undertake not do (or permit anything to be done) that may compromise the system under our control.
These are the general terms of the relationship between
- us – You Biscuit Gifts and Stationery (Pty) Ltd t/a Nifty Gifts (Registration number: 2015/391886/07), also known as Nifty Gifts, the website owner; and
- you – the website visitor
They cover any use of the website. You agree to be legally bound by the terms by visiting and using this website. Please do not use the website if you do not agree to the terms.
2. Definitions and interpretation
2.1. Definitions. In the agreement:
terms means the terms, consisting of:
- any other relevant specific terms, policies, disclaimers, rules, and notices agreed to between the parties, (including any that may be applicable to a specific section or module of the website)
we, us, or our means our organisation, the owner of the website and includes our officers, agents, employees, owners, co-branders, and associates where the terms limit or exclude our liability
you or your means any visitor to this website, including any other person, website, business, or agent (including any virtual or robotic agent) associated with the visitor
3. Use of this website
3.1. Licence. We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.
3.2. Breach. If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you, and take any other steps the law allows, without affecting our rights.
3.3. Framing and linking. You may not frame this website or any of its pages. You may only link to the home page of this website. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property, unless we have given you written permission to do so.
3.4. Virtual agents. You may not use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain any information from this website, unless we have given you permission to do so.
You promise that you are entitled to visit this website and agree to the terms because you:
- are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or
- are not 18 yet, but have permission from your parent (or legal guardian) to do so.
5. Accurate information
You promise that you will only give accurate information to us and this website.
6. Intellectual property
6.1. Ownership. Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third party licensor. All moral rights are reserved.
6.2. Trademarks. Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.
6.3. Restrictions. Except as expressly permitted under the agreement, the website may not be:
- modified or used to make derivative works;
- rented, leased, loaned, sold or assigned;
- reverse engineered or copied; or
- reproduced or distributed.