Terms and Conditions

Effective from 1 October 2019

IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE OR RUSHTUSH’S PRODUCTS ARE SUBJECT TO THE TERMS AND CONDITIONS SET OUT BELOW. BY USING THIS WEBSITE OR RUSHTUSH’S PRODUCTS YOU AGREE TO OBSERVE ALL TERMS & CONDITIONS, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE. IF YOU DO NOT AGREE WITH ANY TERM OF THESE TERMS AND CONDITIONS, YOU MUST CEASE YOUR USE OF THIS WEBSITE OR RUSHTUSH’S PRODUCTS IMMEDIATELY.

IMPORTANT NOTICE

Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between You and Rushtush. It is your responsibility to read the clauses referred to:

By accessing this Website or purchasing or using the Products, you are agreeing to these Terms.
If you do not agree to these Terms, do not use the Website or purchase or order Products (clause 2.2). 
You give Rushtush permission to use and process certain of your personal information (clause 16)
You limit Rushtush’s liability and indemnify Rushtush for various acts or omissions. In particular you agree that we are not liable for any loss you may suffer due to your use of this Website or the Products (clause 17).

1. Definitions and Interpretation

1.1. “Products” mean any products or services available on this Website or provided by Rushtush.
1.2. “Rushtush” means Rushtush (Pty) Ltd with registration number 2012/170058/07 with its Registered address at 403 Kylemore A Marina Residential, Dock Road, Waterfront, Cape Town, 8001.
1.3. “You” or the “user” means any person who accesses this Website for any purpose or purchases or uses any of the Products. 
1.4. “Website” means the website of Rushtush at URL www.rushtush.com or such other URL as Rushtush may choose from time to time.

2. Use Subject to these Terms and Conditions

2.1.  Your use of and access to this Website andyour use and purchase of Products is at all times governed by the terms of these terms and conditions, and by accessing this Website or purchasing a Product, you agree to adhere to the provisions thereof. Your agreement to these terms and conditions will be deemed to have been given on the date when you first accessed this Website or purchased the Products.
2.2  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE OR YOUR USE OF THE PRODUCTS IMMEDIATELY.
2.3 These terms and conditions include Rushtush’s Privacy Policy, which is included herein by reference.
2.4 Please note that, due to legal and other developments, Rushtush may be required to amend these terms and conditions from time to time without notice. It is your duty to remain appraised of the current version of these terms and conditions. Please refer to the last revision date at the top of this document. Continued use of the Website subsequent to any amendments having been affected constitutes your acceptance of the terms and conditions as amended.

3. Registration of Account on Website

3.1 You can create an account on the Website and you accept that you are solely responsible for the consequences of your use of your account and for maintaining it and all information in it.
3.2 You agree:

3.2.1 not to use your account to commit any unlawful activity, or in a way which is likely to be defamatory or cause offence;
3.2.2 not to divulge your username or password to any other person; and
3.2.3 not to impersonate any other person in dealing with Rushtush, and particularly not to access the Website using another user’s username and password. 

4. Products

4.1 All Products displayed on the Website are limited and are subject to availability.
4.2 The Products, and any samples thereof, available on the Website are for your personal use only. You may not sell or resell any of the services, products or samples you receive from Rushtush. If, in Rushtush’s sole discretion, it believes that any order to be filled or products to be provided to you may result in the violation of these Terms, Rushtush reserve the right, with or without notice, to cancel or reduce the quantity thereof.
4.3 Rushtush does not make any promises, representations, warranties or guarantees with reference to the Products except such as are consistent with these Terms or as are expressly authorised by Rushtush in writing.
4.4 Rushtush will make all reasonable attempts to ensure that when the stock is no longer available the item, in particular, is removed from the Website.
4.5 If Rushtush is unable to fulfil any Order because the item is sold out, you will be informed and entitled to a reimbursement for the rand value you have paid for such item.
4.6 Rushtush will make all reasonable attempts to ensure that promotional items are removed when stock runs out.
4.7 Rushtush reserves the right to communicate any product changes to you on the Website, which may include but is not limited to, the discontinuation of Products, packaging and name changes.
4.8 All digital products, ebooks, pdf-downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download, and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person. In some cases, Rushtush Pty Ltd may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital products to ensure additional safety.

5. Orders

5.1 The Website allows you, the User, to place electronic orders (“Order”) for one or more Products on offer as long as the Products are available and are not sold out.
5.2  A sale agreement (“Sale”) between you and Rushtush will only come into effect if:

5.2.1 You have fully completed AND submitted the online Order form for one or more Products in your basket;
5.2.2  Your payment has been authorised by Rushtush and/or has been received into Rushtush’s bank account;
5.2.3 The Product is available.

5. 3 You are not able to reserve Products to be bought at a later stage and placing an item in your basket or adding an item to a “Wishlist”, without fully completing the Order does not amount to a Sale or an Order.

5.4 If a Product goes out of stock before the Sale takes place, Rushtush is authorised to remove any item from your basket.
5.5 Rushtush may not be held responsible if an Order has become unavailable by the time you try to complete a Sale at a later stage.
5.6 The invoice for your purchase will be available online in your account on the Website and a copy of this invoice will be included in your parcel.

6. Payment

6.1 The once-off purchase price for the Product will be set out on the Website and is subject to change.
6.2 All payments must be made in South African rands (ZAR). Your total Order price will include the price of the purchase plus any applicable sales tax (VAT), shipping costs and payment fees.
6.3 Once payment is made, it is deemed that you have read and understood these Terms so don’t make a purchase through this Website unless you understand and agree to all the Terms and Conditions. 
6.4 Rushtush reserves the right to change pricing at any time without prior notice.
6.5 If you pay using the Website or application then you authorise Rushtush and certain third-party service providers, to receive, store and encrypt your payment information. 
6.6  Rushtush’s payment gateways use the strictest form of encryption and no credit card details are stored on the Website.

7. Delivery of Products

7.1 If you order a Product on Rushtush’s Website, it will be delivered to your chosen address within the time period as set out in your Order confirmation, depending on your location.
7. 2 Subject to stock availability with suppliers and receipt of payment, Orders will be processed within 7 (seven) working days and handed over to a courier company for delivery. A delivery fee applies to Orders.
7.3 In case of digital Products, ebooks or pdf-downloads, you will be redirected back to the Website after purchase or you will receive an email from Rushtush with a link to download the Product. If you are not redirected back to the Website after purchase or you do not receive an email from Rushtush with a link to the Product, you can immediately contact Rushtush with your transaction details, including the email ID through which the payment was made. Rushtush will revert back to you with your Product details and download link as soon as possible.
7.4. Delivery times vary. On average you can expect deliveries to metropolitan area addresses i.e. Cape Town, Johannesburg, George, Port Elizabeth, Durban, Bloemfontein and Pretoria within 7 (seven) business days. Outlying areas expect delivery in 10 – 15 business days. 

8. Ownership and Risk 

8.1 Ownership of all Products is retained by Rushtush until payment has been made in full, upon which ownership will pass to you.
8.2 Once the purchase price for the Product has been paid, and the Product delivered to you, ownership and risk in the use of the Product will pass to you.

9. Returns or Refunds

9.1 OU ARE ENTITLED TO CANCEL, WITHOUT REASON AND WITHOUT PENALTY, ANY PURCHASE WITHIN 7 (SEVEN) DAYS AFTER THE DATE OF ORDER (OR PAYMENT, IF APPLICABLE). YOU WILL BE ENTITLED TO A FULL REFUND OF SUCH PAYMENT; WHICH REFUND WILL BE MADE WITHIN 30 (THIRTY) DAYS OF THE DATE OF CANCELLATION.
9.2 Under no circumstances will Products that have been unpacked, or used be accepted for return or credit, it being your responsibility to inspect the Products immediately upon delivery (and most importantly prior to the use of the Products).
9.3 Digital Products are deemed “used” after download or opening. Rushtush does not allow returns or exchanges for any purchases of digital Products.
9.4 Should the CPA be applicable to these Terms, the relevant Order, or to you as the case may be, the provisions of these Terms will not be interpreted to exclude your rights under sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in these Terms, you will have no rights in respect of quality of service, safe & good quality goods or implied warranty of quality beyond those explicitly stated in those sections.

10. Content

10.1 All information viewed or accessed from this Website are provided “as is” without any warranty, whether express or implied unless this is specifically imposed by law. 
10.2  All material included in the Website is intended for information purposes only and does not represent legal advice. You are hereby placed under notice that you should take appropriate steps to verify such information.
10.3 You should not act or refrain from acting on the information contained in this Website without first verifying the information and as necessary obtaining legal and/or professional advice.
10.4 The contents of the Website should under no circumstances be seen as a quotation or invitation to do business.
10.5 Any use of or reliance on this Website, the contents of this Website or the information provided through this Website will be at your sole risk. Rushtush makes no representations or warranties whatsoever as to the accuracy of the information contained in this Website.
10.6 Rushtush does not warrant that this Website or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by Rushtush will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Website.

11. Third Party Sites

11.1 The Website contains hyperlinks to websites owned and / or operated by third parties. Rushtush is not responsible for the content of such websites and does not endorse or approve the contents thereof. 
11.2 Rushtush consequently does not accept any liability in connection with any third party websites that may be linked to this Website (regardless of whether or not a link has been permitted by Rushtush) and is not responsible for the content of any website that is linked to this Website. The fact that a website is linked to this Website does not imply that Rushtush sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.

12. Intellectual Property

12.1 Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in this Website is owned by Rushtush, which asserts and reserves all of its rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by Rushtush or any other party.
12.2 The contents of this Website may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of Rushtush.
12.3 No other use of this Website is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, include the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another’s website, unless as set out in these terms and conditions.

13. Linking, Framing and Crawling

13.1 The express permission in writing of Rushtush is required before any hyperlink other than to the Home Page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these terms and conditions. Requests for permission can be emailed to info@rushtush.co.za.
13.2 Permission to link to this Website is given without assumption of any liability. Rushtush reserves the right to withdraw permission granted to link to this Website at any time and for any reason.
13.3 The express permission in writing of Rushtush, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on the Website is framed. Requests for permission can be emailed to info@rushtush.co.za.
13.4 Apart from bona-fidesearch engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without the prior written consent of Rushtush.

14. Security

14.1 Rushtush will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorized access to any page on this Website.
14.2. While Rushtush takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.

15. Personal Information

15.1 When you access or use the Website, sign up for a Rushtush newsletter, opt into marketing communication, register an account, conclude a purchase or transaction, or send an email to info@rushtush.co.za, you agree to receive electronic communication from Rushtush and you are able to ‘opt out’ at any given time.
15.2 FURTHER INFORMATION REGARDING THE MANNER IN WHICH RUSHTUSH RESPECTS THE PRIVACY OF USERS’ PERSONAL INFORMATION IS CONTAINED IN THE PRIVACY POLICY.

16. Disclaimer Warranties and Liability and Indemnity

16.1 For the purposes of this clause “damages” means and includes:
all losses, liabilities, and damages relating to or arising from these Terms or the Services, howsoever arising, whether out of breach of express or implied warranty, misrepresentation, negligence, vicarious or strict liability, in delict or otherwise, and whether foreseen or not; and
16.1.2any legal costs (including legal fees at an attorney and own client scale and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) or other costs, claims or demands.
16.3TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY FOR ANY INDIRECT DAMAGES (INCLUDING CONSEQUENTIAL, EXTRINSIC, SPECIAL OR INCIDENTAL LOSS OR DAMAGES WHICH WILL INCLUDE BUT NOT BE LIMITED TO LOSS OF PROPERTY OR LOSS OF PROFIT, BUSINESS, GOODWILL, REVENUE OR ANTICIPATED SAVINGS), OR AGGRAVATED DAMAGESIN CONNECTION WITH THE USE OF THE PRODUCTS OR THE USE OR INABILITY TO USE THIS WEBSITE WHETHER DIRECTLY OR INDIRECTLY RESULTING FROM INACCURACIES, DEFECTS, ERRORS, WHETHER TYPOGRAPHICAL OR OTHERWISE, OMISSIONS, OUT OF DATE INFORMATION OR OTHERWISE, EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE AND RUSHTUSH HAD BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
16. 4 BY PLACING AN ORDER ON THE WEBSITE YOU AGREE IN THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT YOU SHALL HAVE NO CLAIM WHATSOEVER AGAINST RUSHTUSH, AND THE YOU HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE RUSHTUSH FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, ACTIONS, PROCEEDINGS, CLAIMS AND DEMANDS (INCLUDING, WITHOUT LIMITATION, ANY ACTION, PROCEEDING, CLAIM OR DEMAND INSTITUTED OR MADE BY ANY CUSTOMER OR OTHER PERSON WHOMSOEVER) AND LEGAL AND OTHER COSTS AND EXPENSES (INCLUDING LEGAL COSTS ON AN ATTORNEY AND OWN CLIENT SCALE) OF WHATSOEVER NATURE AND HOWSOEVER ARISING (INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH OR ARISING FROM INJURY OR DEATH OR ANY LOSS OF OR DAMAGE TO ITS OR ANY OTHER PERSON’S PROPERTY) WHICH YOU OR ANY OTHER PERSON MAY INCUR OR SUFFER ARISING FROM THE USE OF THE PRODUCTS OR MATTERS CONNECTED THEREWITH OR RELATED THERETO.

17. Jurisdiction

17. 1These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and Rushtush both agree to submit any dispute arising out of the use of this Website to the exclusive jurisdiction of the courts of the Republic of South Africa.

18. Disputes

18.1 Should any dispute of whatsoever nature arise between us and you concerning these Terms, we must try to resolve the dispute by negotiation within 10 (ten) business days from date of a written invitation by either of us.
18.2 If the dispute has not been resolved by such negotiation, either of us may submit, by written notice to the other, the dispute to the Arbitration Foundation of Southern Africa (“AFSA”) for administered mediation, upon the terms set by the AFSA.  The receipt by either party of a notice as aforesaid, will constitute the submission of the dispute to arbitration for the purposes of delaying the completion of prescription in terms of section 13 of the Prescription Act No. 68 of 1969 or the corresponding provisions in any amendment thereto or replacement legislation.
18.3 Failing such a resolution, the dispute, if arbitrable in law, will be finally resolved in accordance with the Rules of the AFSA by an arbitrator or arbitrators appointed by AFSA.
18. 4This clause constitutes an irrevocable consent by us and you to any proceedings in terms hereof and neither of us will be entitled to withdraw from the provisions of this clause or claim at any such proceedings that it is not bound by this clause.
18.5 The aforegoing will not restrict the right of either of us to apply to a competent court for relief of an urgent nature or should its intellectual property rights be violated or threatened.
18.6 Pending final settlement or determination of a dispute, we and you shall continue to perform our subsisting obligations hereunder.

19. General

19.1 These terms and conditions contain the record of the entire agreement between users and Rushtush in respect of access to and use of the Website and the purchase and use of Products.
19.2 If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
19.3 Rushtush’s omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by Rushtush in writing.
19.4 Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.

20. Support and Questions

We will respond to any questions regarding the Products and these Terms via info@rushtush.co.za.