Terms & Conditions

1. Introduction
2. This website can be accessed at www.babobit.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Soul Technology CC  (“Baobab”, “we”, “us” and “our”).
3. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
4. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
5. The Website enables you to shop online for an extensive range of goods including electronics, computer peripherals, IT product, gaming related, and more (“Goods”).
6. Important Notice
7. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
8. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
9. may limit the risk or liability of Baobab or a third party; and/or
10. may create risk or liability for the user; and/or
11. may compel the user to indemnify Baobab or a third party; and/or
12. serves as an acknowledgement, by the user, of a fact.
13. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
14. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Baobabt to explain it to you before you accept the Terms and Conditions or continue using the Website.
15. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Baobabin terms of the CPA.
16. Baobabpermits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
17. Returns
18. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
19. Registration and use of the website
20. Only registered users may order Goods on the Website.
21. To register as a user, you must provide a unique username and password and provide certain information and personal details toBaobab. You will need to use your unique username and password to access the Website in order to purchase Goods.
22. You agree and warrant that your username and password shall:
23. be used for personal use only; and
24. not be disclosed by you to any third party.
25. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
26. 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.
27. You agree to notify Baobabimmediately 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.
28. 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.
29. 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 Baobabrepresentative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
30. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
31. 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 Baobab representative.
32. Conclusion of sales and availability of stock
33. Registered users may place orders for Goods, which Baobabmay accept or reject. Whether or not Baobab 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 Baobab for the Goods.
34. NOTE: Baobab will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Baobab come into effect (the “Sale”).This is regardless of any communication from Baobab stating that your order or payment has been confirmed. Baobab will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
35. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
36. 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 Baobabliable 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.
37. 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 Baobab, Baobab 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 you have placed an order, Baobabt will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
38. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
39. Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.
40. Payment
41. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
42. Whether the Goods are for sale by Baobab, payment can be made for Goods via –
43. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
44. Instant EFT;
45. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
46. You may contact us via our Help pageto obtain a full record of your payment. We will also send you email communications about your order and payment.
47. Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
48. Delivery of goods
49. Baobaboffers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
50. courier; or
51. self-collection.
52. For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
53. Where it accepts your order, Baobab will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
54. Baobab’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. Baobab 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.
55. Errors
56. 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. 
57. Baobabshall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
58. Gift Vouchers & Coupons
59. Baobabmay from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Baobab Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
60. Gift Vouchers
61. Gift Vouchers that are purchased by registered users are valid for 3 years after Sale. Gift Vouchers that Baobab gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
62. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
63. Baobab is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
64. Coupons

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“).
2. Coupons are issued in Baobab’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.
3. As a general rule, and unless specified otherwise on the specific Coupon itself:
4. each Coupon can only be used once;
5. only one Coupon can be used per order;
6. only one Coupon can be used on the Website per person per promotion/campaign;
7. Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;
8. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
9. a Coupon must be used at check-out – it cannot be used later on existing orders; and
10. 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.
11. Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Baobabis not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
12. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us here to confirm if the Coupon is still valid.  If Baobab 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.
13. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Baobab, before you are able to use a Coupon.
14. Click here for instructions on how to use/redeem a promotional coupon.
15. Discounted Goods
16. Bundle Deals
17. We may from time to time offer bundle deals for sale under the Bundle Deals tab on the Website (“BundleDeals“). Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.
18. Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.
19. A Bundle Deal should be distinguished from a pre-packed bundle compiled by our supplier and supplied to us as a single unit (“Pre-packed Bundles“). Any saving or discount in respect of a Pre-packed Bundle will be applied only to the total bundle price and not to the prices of the individual component products. Please refer to our Returns Policy for information about returning a Pre-packed Bundle.
20. Privacy policy
21. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
22. 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 –
23. your name and surname;
24. your email address;
25. your physical address;
26. your gender;
27. your mobile number; and
28. your date of birth.
29. 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.
30. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
31. Subject to clause 15.6 below, we will not, without your express consent:
32. use your personal information for any purpose other than as set out below:
33. in relation to the ordering, sale and delivery of Goods;
34. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
35. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
36. 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
37. disclose your personal information to any third party other than as set out below:
38. 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;
39. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
40. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
41. 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;
42. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
43. 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 14 above).
44. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Baobab 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.
45. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
46. Ratings and Reviews:When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
47. We will –
48. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
49. 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;
50. provide you with access to your personal information to view and/or update personal details;
51. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
52. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
53. 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.
54. 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.
55. Baobab undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
56. 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.
57. 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 Baobab. BAOBAB 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.
58. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 15.
59. Changes to these Terms and Conditions
60. Baobab 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.
61. 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.
62. Electronic communications
63. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.
64. Ownership and copyright
65. 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 Baobab, its advertisers and/or sponsors and/or is licensed to Baobab.
66. You will not acquire any right, title or interest in or to the Website or the Website Content.
67. 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 us via our Help page.
68. Where any of the Website Content has been licensed to Baobab 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.
69. Disclaimer
70. 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.
71. Whilst Baobab takes reasonable measures to ensure that the content of the Website is accurate and complete, Baobab 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 Baobab’s representatives, Baobab shall not be bound thereby.
72. Boabab 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.
73. 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.
74. Any views or statements made or expressed on the Website are not necessarily the views of Baobab, its directors, employees and/or agents.
75. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Baobab 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 Baobab, its employees, agents or authorised representatives.  Baobab 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.
76. Linking to third party websites
77. 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 Baobab is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
78. 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.
79. Limitation of liability
80. Baobab 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 Baobab, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.
81. BAOBAB 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.
82. YOU HEREBY INDEMNIFY BAOBAB 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.
83. Availability and termination
84. 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.
85. Baobab may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Baobab 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.
86. 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.
87. Baobabt 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 Baobab 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 Baobab, in whole or in part, on notice to you. Baobab shall only be liable to refund monies already paid by you (see Baobab’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.
88. At any time, you can choose to stop using the Website, with or without notice to Baobab.
89. Governing law and jurisdiction 
90. 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.
91. In the event of any dispute arising between you and Baobab, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
92. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
93. Notices
94. Baobab hereby selects Unit 8, Grand Central Park, 87 New Road, Midrand, Gauteng,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Baobab may change this address from time to time by updating these Terms and Conditions.
95. 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 Baobab not less than 7 days’ notice in writing.
96. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
97. by hand will be deemed to have been received on the date of delivery;
98. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
99. 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
100. 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” FUNCTIONto serve as proof that an email has been received.
101. Complaints 

1. We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help pageon the Website or you can contact our call centre on 011 314 5800/4800.
2. If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za
3. Information
4. For the purposes of the ECT Act, Baobab’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
5. Full name: Soul Technology CC, a Sole Proprietor registered in South Africa with registration number 2003/069133/23
6. Main business: Import Wholesaler & Online retailer
7. Physical address for receipt of legal service (also postal and street address): Unit 8, Grand Central Park, 87 New Road, Midrand, Gauteng (marked for attention: Owner and Legal)
8. Office bearers:
9. Phone number: +011 314 5800/4800
10. Email address: info@baobabit.com
11. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
    Third Party Sellers’ information is available in the relevant Product listing and/or via the customer support centre contactable via our Help page.
12. General
13. Baobab 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.
14. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
15. Any failure on the part of you or Boabab to enforce any right in terms hereof shall not constitute a waiver of that right.
16. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
17. 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.
18. 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.
19. These Terms and Conditions contain the whole agreement between you and Baobab and no other warranty or undertaking is valid, unless contained in this document between the parties.

-sites and software applications (the “Website”) and is
owned and operated by Soul Technology CC  (“Baobab”, “we”, “us” and “our”).

2.       These Website Terms and Conditions (“Terms and Conditions”)
govern the ordering, sale and delivery of Goods, and the use of the Website.

3.       These Terms and Conditions are binding and enforceable against every
person that accesses or uses this Website (“you”, “your” or “user”), including
without limitation each user who registers as contemplated below (“registered user”). By using the Website and by
clicking on the “Register Now” button on the Website, as may be applicable, you
acknowledge that you have read and agree to be bound by these Terms and
Conditions.

4.       The Website enables you to shop online for an extensive range of goods
including electronics, computer peripherals, IT product, gaming related, and
more (“Goods”).

2.   Important
Notice

1.       These Terms and Conditions apply to users who are consumers for purposes
of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.       These
Terms and Conditions contain provisions that appear in similar text and style
to this clause and which –

1.       may
limit the risk or liability of Baobab or a third party; and/or

2.       may
create risk or liability for the user; and/or

3.       may
compel the user to indemnify Baobab or a third party; and/or

4.       serves
as an acknowledgement, by the user, of a fact.

3.       Your
attention is drawn to these Terms and Conditions because they are important and
should be carefully noted.

4.
If there
is any provision in these Terms and Conditions that you do not understand, it
is your responsibility to ask Baobab
t to explain it to you before you accept the Terms and Conditions or continue
using the Website.

5.
Nothing in
these Terms and Conditions is intended or must be understood to unlawfully
restrict, limit or avoid any right or obligation, as the case may be, created
for either you or Baobab in terms of
the CPA.

6.
Baobab permits the use of this
Website subject to the Terms and Conditions. By using this Website in any way,
you shall be deemed to have accepted all the Terms and Conditions
unconditionally. You must not use this Website if you do not agree to the Terms
and Conditions.

3.   Returns

1.
Please
refer to our Returns Policy for more information about returning products (and
related refunds, replacements or repairs).  The Returns Policy is
incorporated by reference (which means that it forms part of these Terms and
Conditions).

4.   Registration
and use of the website

1.
Only
registered users may order Goods on the Website.

2.
To
register as a user, you must provide a unique username and password and provide
certain information and personal details to
Baobab. You will need to use your unique username and password to access
the Website in order to purchase Goods.

3.
You agree
and warrant that your username and password shall:

1.
be used
for personal use only; and

2.
not be
disclosed by you to any third party.

4.
For
security purposes you agree to enter the correct username and password whenever
ordering Goods, failing which you will be denied access.

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.

6.
You agree
to notify Baobab immediately upon
becoming aware of or reasonably suspecting any unauthorised access to or use of
your username and password and to take steps to mitigate any resultant loss or
harm.

7.       By
using the Website you warrant that you are 18 (eighteen) years of age or older
and of full legal capacity. If you are under the age of 18 (eighteen) or if you
are not legally permitted to enter into a binding agreement, then you may use
the Website only with the involvement and supervision of your parent or legal
guardian. If your parent or legal guardian supervises you and gives his/her
consent, then such person agrees to be bound to these Terms and Conditions and
to be liable and responsible for you and all your obligations under these Terms
and Conditions.

8.
You agree
that you will not in any way use any device, software or other instrument to
interfere or attempt to interfere with the proper working of the Website. In
addition, you agree that you will not in any way use any robot, spider, other
automatic device, or manual process to monitor, copy, distribute or modify the
Website or the information contained herein, without the prior written consent
from an authorised Baobab
representative (such consent is deemed given for standard search engine
technology employed by Internet search websites to direct Internet users to
this Website).

9.
You may
not use the Website to distribute material which is defamatory, offensive,
contains or amounts to hate speech or is otherwise unlawful.

10.
You may
not in any way display, publish, copy, print, post or otherwise use the Website
and/or the information contained therein without the express prior written consent
of an authorised Baobab representative.

5.   Conclusion
of sales and availability of stock

1.
Registered
users may place orders for Goods, which Baobab
may accept or reject. Whether or not Baobab
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 Baobab for the Goods.

2.       NOTE:
Baobab will indicate the acceptance of your order by delivering the Goods to
you or allowing you to collect them, and only at that point will an agreement
of sale between you and Baobab come into effect (the “Sale”). This
is regardless of any communication from Baobab stating that your order or
payment has been confirmed. Baobab will indicate the rejection of your order by
cancelling it and, as soon as possible thereafter, refunding you for any amount
already paid.

3.       Prior to delivery or your collection of the Goods, you may cancel an
order at any time provided you do so before receiving a dispatch or delivery
notice. After delivery or your collection of the Goods, you may return the
Goods only in accordance with the Returns Policy.

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 Baobab 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.       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 Baobab,
Baobab 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 you have placed an order, Baobabt will notify you and
you will be entitled to a refund of any amount already paid by you for such
Goods. 

6.
Certain
Goods may not be purchased for re-sale. Should we suspect that any such Goods
are being purchased for sale, we are entitled to cancel your order immediately
on notice to you.

7.
Please see
details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated
by reference.

6.   Payment

1.
We are
committed to providing secure online payment facilities. All transactions are
encrypted using appropriate encryption technology.

2.
Whether
the Goods are for sale by Baobab,
payment can be made for Goods via –

1.       credit card: where payment is made by credit card, we may require
additional information in order to authorise and/or verify the validity of
payment. In such cases we are entitled to withhold delivery until such time as
the additional information is received by us and authorisation is obtained by
us for the amounts. If we do not receive authorisation your order for the Goods
will be cancelled. You warrant that you are fully
authorised to use the credit card supplied for purposes of paying the Goods.
You also warrant that your credit card has sufficient available funds to cover
all the costs incurred as a result of the services used on the Website;

2.
Instant
EFT;

3.       The above payment options are explained in more detail in our Frequently
Asked Questions (“FAQ”): Payment, which are
incorporated by reference.

4.       You may contact us via our Help page to obtain a full record of your payment. We will also send you
email communications about your order and payment.

5.
Once you
have selected your payment method, you will be directed to a link to a secure
site for payment of the applicable purchase price for the Goods.

7.   Delivery
of goods

1.
Baobab offers 2 (two) methods of
delivery of Goods to you. You may elect delivery via:

1.
courier;
or

2.
self-collection.

2.       For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery
charges are subject to change at any time, without prior notice to you, so
please check the FAQs for the most up-to-date information. You will see the
applicable delivery charges in your cart when you check out.

3.
Where it
accepts your order, Baobab will
deliver the Goods to you as soon as reasonably possible, but no later than 30
(thirty) days of receipt of your payment (“Delivery Period”). We will notify
you if we are unable to deliver the Goods during the Delivery Period. You may
then, within 7 (seven) days of receiving such notification elect whether or not
to cancel your order for the Goods. If you elect to cancel your order, we will
reimburse you for the purchase price.

4.       Baobab’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. Baobab 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.   Errors

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. 

2.
Baobab shall not be bound by any
incorrect information regarding our Goods displayed on any third party
websites.

9.   Gift
Vouchers & Coupons

1.
Baobab may from time to time make
physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons
or discounts (“Coupons”) available for use on the Website towards the purchase
of Baobab Goods. Gift Vouchers and Coupons can only be redeemed while they are
valid and their expiry dates cannot be extended. More specifically:

2.       Gift Vouchers

1.
Gift
Vouchers that are purchased by registered users are valid for 3 years after
Sale. Gift Vouchers that Baobab gives away for free are valid for the period
stated thereon. In each case, if your Voucher has not been used within
that period, it will expire.

2.
Gift
Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not
accrue interest and are not refundable for cash once purchased. If your Gift
Voucher value is insufficient for the order you wish to place, you may make up
the difference by paying via one of our other payment methods.

3.       Baobab
is not responsible for any harm due to the loss, unauthorised use or
unauthorised distribution of a Gift Voucher, after it has delivered the Gift
Voucher to you or the email address nominated by you.

3.       Coupons

1.       There are two types of Coupons; a Coupon with a fixed amount of a
discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g.
10% off (“Percentage Coupon“).

2.
Coupons are
issued in Baobab’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.

3.
As a general
rule, and unless specified otherwise on the specific Coupon itself:

1.
each
Coupon can only be used once;

2.
only one
Coupon can be used per order;

3.
only one
Coupon can be used on the Website per person per promotion/campaign;

4.
Percentage
Coupons may only be redeemed on purchases with a total cart value of less than
R5,000;

5.
where a
Percentage Coupon has been used and you wish to cancel any items in the order
prior to making payment, the entire order must be cancelled. You will be issued
with a new Percentage Coupon and will need to place the order again, without
the item that you wished to cancel;

6.
a Coupon
must be used at check-out – it cannot be used later on existing orders; and

7.
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.

4.       Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot
be exchanged or refunded for cash or credit. Baobab is not responsible for any harm due to
the loss, unauthorised use or distribution of a Coupon.

5.       If for any reason a Coupon does not reflect on the final amount due from
you at check-out, you can contact us here to confirm if the Coupon is still valid.  If Baobab 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.

6.
You may be
required to submit the original communication containing the Coupon code, and
any other information reasonably requested by Baobab, before you are able to
use a Coupon.

7.       Click here for instructions on how to use/redeem a promotional coupon.

10.    Discounted
Goods

1.       Bundle Deals

1.       We may from time to time offer bundle deals for sale under the Bundle
Deals tab on the Website (“Bundle Deals“). Each Bundle Deal will consist of two or more
products that either we or you (as provided on the Website) have combined
together in a single bundle.

2.
Any saving
or discount resulting from purchasing a Bundle Deal instead of its component
products separately may be applied to any of the component products
individually in our sole discretion. The actual purchase price (after applying
any applicable saving or discount) of each component product will be
communicated to you upon checkout and reflected in your order history. This is
relevant to the amount that would be refunded to you, if you were to return any
product in a Bundle Deal for a refund, in accordance with our Returns Policy.

3.       A Bundle Deal should be distinguished from a pre-packed bundle compiled
by our supplier and supplied to us as a single unit (“Pre-packed Bundles“). Any saving or discount in respect
of a Pre-packed Bundle will be applied only to the total bundle price and not
to the prices of the individual component products. Please refer to our Returns
Policy for information about returning a Pre-packed Bundle.

11.    Privacy
policy

1.
We respect
your privacy and will take reasonable measures to protect it, as more fully
detailed below.

2.
Should you
decide to register as a user on the Website, we may require you to provide us
with personal information which includes but is not limited to –

1.
your name
and surname;

2.
your email
address;

3.
your physical
address;

4.
your
gender;

5.
your
mobile number; and

6.
your date
of birth.

3.
Should
your personal information change, please inform us and provide us with updates
to your personal information as soon as reasonably possible to enable us to
update your personal information.

4.
You may
choose to provide additional personal information to us, in which event you
agree to provide accurate and current information, and not to impersonate or
misrepresent any person or entity or falsely state or otherwise misrepresent
your affiliation with anyone or anything.

5.
Subject to
clause 15.6 below, we will not, without your express consent:

1.
use your
personal information for any purpose other than as set out below:

1.
in
relation to the ordering, sale and delivery of Goods;

2.
to contact
you regarding current or new Goods or services or any other goods offered by us
or any of our divisions, affiliates and/or partners (unless you have opted out
from receiving marketing material from us);

3.
to inform
you of new features, special offers and promotional competitions offered by us
or any of our divisions, affiliates and/or partners (unless you have opted out
from receiving marketing material from us); and

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.
disclose
your personal information to any third party other than as set out below:

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.
to our
divisions, affiliates and/or partners (including their employees and/or third
party service providers) in order for them to interact directly with you via
email or any other method for purposes of sending you marketing material
regarding any current or new goods or services, new features, special offers or
promotional items offered by them (unless you have opted out from receiving
marketing material from us);

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
or support the investigation into suspected illegal activity, or to investigate
violations of these Terms and Conditions;

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;

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

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 14 above).

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. In the event of a fraudulent online payment, Baobab 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.

7.
We will
ensure that all of our employees, third party service providers, divisions,
affiliates and partners (including their employees and third party service
providers) having access to your personal information are bound by appropriate
and legally binding confidentiality obligations in relation to your personal
information.

8.       Ratings
and Reviews: When you provide a rating
or review of a Product, you consent to us using that rating or review as we
deem fit, including without limitation on the Website, in newsletters or other
marketing material. The name that will appear next to that rating or review is
your First Name, as you would have provided upon registration. If you do not
agree to this, please do not put any ratings or reviews on the Website. We will
not display your Last Name, nor any of your contact details, with a rating or
review.

9.
We will –

1.
treat your
personal information as strictly confidential, save where we are entitled to
share it as set out in this policy;

2.
take
appropriate technical and organisational measures to ensure that your personal
information is kept secure and is protected against unauthorised or unlawful
processing, accidental loss, destruction or damage, alteration, disclosure or
access;

3.
provide
you with access to your personal information to view and/or update personal
details;

4.
promptly
notify you if we become aware of any unauthorised use, disclosure or processing
of your personal information;

5.
provide
you with reasonable evidence of our compliance with our obligations under this
policy on reasonable notice and request; and

6.
upon your
request, promptly return or destroy any and all of your personal information in
our possession or control, save for that which we are legally obliged to
retain.

10.
We will
not retain your personal information longer than the period for which it was
originally needed, unless we are required by law to do so, or you consent to us
retaining such information for a longer period.

11.    Baobab
undertakes never to sell or make your personal information available to any
third party other than as provided for in this policy.

12.    Whilst
we will do all things reasonably necessary to protect your rights of privacy,
we cannot guarantee or accept any liability whatsoever for unauthorised or
unlawful disclosures of your personal information, whilst in our possession,
made by third parties who are not subject to our control, unless such
disclosure is as a result of our gross negligence.

13.    If
you disclose your personal information to a third party, such as an entity
which operates a website linked to this Website or anyone other than Baobab. BAOBAB
SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU
AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is
because we do not regulate or control how that third party uses your personal
information. You should always ensure that you read the privacy policy of any
third party.

14.    This website makes use of “cookies” to automatically collect
information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and
which we may use) to recognise repeat users, facilitate the user’s on-going
access to and use of a website and allow a website to track usage behaviour and
compile aggregate data that will allow the website operator to improve the
functionality of the website and its content, and to display more focused
advertising to a user by way of third party tools. The type of information
collected by cookies is not used to personally identify you. If you do not want
information collected through the use of cookies, there is a simple procedure
in most browsers that allows you to deny or accept the cookie feature. Please
note that cookies may be necessary to provide you with certain features
available on our Website, and thus if you disable the cookies on your browser
you may not be able to use those features, and your access to our Website will
therefore be limited. If you do not disable “cookies”, you are
deemed to consent to our use of any personal information collected using those
cookies, subject to the provisions of this clause 15.

12.    Changes
to these Terms and Conditions

1.
Baobab 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.

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.

13.    Electronic
communications

1.
When you
visit the Website or send emails to us, you consent to receiving communications
from us or any of our divisions, affiliates or partners electronically in
accordance with our privacy policy as set out in clause 15 above.

14.    Ownership
and copyright

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 Baobab, its advertisers and/or
sponsors and/or is licensed to Baobab.

2.
You will
not acquire any right, title or interest in or to the Website or the Website
Content.

3.       Any use, distribution or reproduction of the Website Content is
prohibited unless expressly authorised in terms of these Terms and Conditions
or otherwise provided for in law. To obtain permissions for the commercial use
of any Website Content contact us via our Help page.

4.
Where any
of the Website Content has been licensed to Baobab or belongs to any third
party, your rights of use will also be subject to any terms and conditions
which that licensor or third party imposes from time to time and you agree to
comply with such third party terms and conditions.

15.    Disclaimer

1.       The
use of the Website is entirely at your own risk and you assume full
responsibility for any risk or loss resulting from use of the Website or
reliance on any information on the Website.

2.
Whilst Baobab
takes reasonable measures to ensure that the content of the Website is accurate
and complete, Baobab 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 Baobab’s representatives, Baobab shall not be bound thereby.

3.       Boabab
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.

4.       Although
Goods sold from the Website may, under certain specifically defined
circumstances, be under warranty, the Website itself and all information
provided on the Website is provided “as is” without warranty of any kind,
either express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, completeness,
or non-infringement, as may be allowed in law.

5.
Any views
or statements made or expressed on the Website are not necessarily the views of
Baobab, its directors, employees and/or agents.

6.       In
addition to the disclaimers contained elsewhere in these Terms and Conditions, Baobab
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 Baobab, its employees, agents
or authorised representatives.  Baobab
thus disclaims all liability for any damage, loss or liability of any nature
whatsoever arising out of or in in connection with your access to or use of the
Website.

16.    Linking
to third party websites

1.       This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our
control, including those of advertisers. These Terms and Conditions do not
apply to those Third Party Websites and Baobab is not responsible for the
practices and/or privacy policies of those Third Party Websites or the
“cookies” that those sites may use.

2.       Notwithstanding
the fact that the Website may refer to or provide links to Third Party
Websites, your use of such Third Party Websites is entirely at your own risk
and we are not responsible for any loss, expense, claim or damage, whether
direct, indirect or consequential, arising from your use of such Third Party
Websites or your reliance on any information contained thereon.

17.    Limitation
of liability

1.       Baobab
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 Baobab, its employees,
agents or authorised representatives. You are encouraged to contact us to
report any possible malfunctions or errors by way of our Help page.

2.       BAOBAB
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE
UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO
USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED
THIRD PARTY WEBSITE.

3.       YOU
HEREBY INDEMNIFY BAOBAB AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED
BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE
AND/OR ANY LINKED THIRD PARTY WEBSITE.

18.    Availability
and termination

1.
We will
use reasonable endeavours to maintain the availability of the Website, except
during scheduled maintenance periods, and are entitled to discontinue providing
the Website or any part thereof with or without notice to you.

2.       Baobab
may in its sole discretion terminate, suspend and modify this Website, with or
without notice to you. You agree that Baobab 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.

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.

4.       Baobabt
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 Baobab 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 Baobab, in
whole or in part, on notice to you. Baobab shall only be liable to refund
monies already paid by you (see Baobab’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.

5.
At any
time, you can choose to stop using the Website, with or without notice to Baobab.

19.    Governing
law and jurisdiction 

1.
These
Terms and Conditions and our relationship and/or any dispute arising from or in
connection with these Terms and Conditions shall be governed and interpreted in
accordance with the laws of the Republic of South Africa. Your continued use of
the Website will constitute your consent and submission to the jurisdiction of
the South African courts regarding all proceedings, transactions, applications
or the like instituted by either party against the other, arising from any of
these Terms and Conditions.

2.
In the
event of any dispute arising between you and Baobab, you hereby consent to the
non-exclusive jurisdiction of the High Court of the Republic of South Africa
(Western Cape Division, Cape Town) notwithstanding that the quantum in the
action or proceedings may otherwise fall below the monetary jurisdiction of
that court.

3.
Nothing in
this clause 23 or the Terms and Conditions limits your right to approach any
court, tribunal or forum of competent jurisdiction in terms of the CPA.

20.    Notices

1.
Baobab
hereby selects Unit 8, Grand Central Park, 87 New Road, Midrand, Gauteng,
as its address for the service of all formal notices and legal processes in
connection with these Terms and Conditions (“legal address”). Baobab may change
this address from time to time by updating these Terms and Conditions.

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 Baobab not
less than 7 days’ notice in writing.

3.
Notices
must be sent either by hand, prepaid registered post, telefax or email and must
be in English. All notices sent –

1.
by hand
will be deemed to have been received on the date of delivery;

2.
by prepaid
registered post, will be deemed to have been received 10 days after the date of
posting;

3.
by telefax
before 16h30 on a business day will be deemed to have been received, on the
date of successful transmission of the telefax. All telefaxes sent after 16h30
or on a day which is not a business day will be deemed to have been received on
the following business day; and

4.       by email will be deemed to have been on the date indicated in the “Read
Receipt” notification. ALL EMAIL COMMUNICATIONS
BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to
serve as proof that an email has been received.

21.    Complaints

1.       We are a participant under the Consumer Goods and Services Industry
Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or
require information regarding our internal complaints-handling process, please
get in touch with us via our Help page on the Website or you can contact our call centre on 011 314
5800/4800.

2.
If we
don’t resolve your complaint within 15 (fifteen) business days of you having
notified us of it, you are entitled to approach the Consumer Goods and Services
Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details
are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272
Email: complaints@cgso.org.za

22.    Information

1.
For the
purposes of the ECT Act, Baobab’s information is as follows, which should be
read in conjunction with its product descriptions and other terms and
conditions contained on the Website:

1.       Full
name: Soul Technology CC, a Sole
Proprietor registered in South Africa with registration number 2003/069133/23

2.       Main
business: Import Wholesaler & Online
retailer

3.       Physical
address for receipt of legal service (also postal and street address): Unit 8, Grand Central Park, 87 New Road, Midrand, Gauteng (marked
for attention: Owner and Legal)

4.       Office
bearers:

5.       Phone
number: +011 314 5800/4800

6.       Email
address: info@baobabit.com

7.       PAIA: The manual published in terms of section 51 of the Promotion of Access
to Information Act 2000 may be downloaded from here.
Third Party Sellers’ information is available in the relevant Product listing
and/or via the customer support centre contactable via our Help page.

23.    General

1.
Baobab
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.

1.
You may
not cede, assign or otherwise transfer your rights and obligations in terms of
these Terms and Conditions to any third party.

2.
Any
failure on the part of you or Boabab to enforce any right in terms hereof shall
not constitute a waiver of that right.

3.
If any
term or condition contained herein is declared invalid, the remaining terms and
conditions will remain in full force and effect.

4.
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.

5.       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.

6.
These
Terms and Conditions contain the whole agreement between you and Baobab and no
other warranty or undertaking is valid, unless contained in this document
between the parties.