Cone Traders.com

(Last Updated 09 June 2010)

• Introduction
  The terms and conditions set forth in this Agreement regulate the relationship between Cone Consultants (Proprietary) Limited (Registration Number 2010/007080/07)(“Conetraders” or “we” or “us” or “”our“) and Visitors (“Visitors”) (cumulatively referred to as “you” or “your” hereinafter) use of the Website. You are required to adhere to these general terms and conditions of use as well as Conetraders’ Customer terms and conditions of use or Supplier terms and conditions of use, (whichever are applicable), Supply Terms and Privacy Policy. By visiting and using this Website, you accept and agree to the terms of this Agreement.
• Definitions
  • In this Agreement, unless inconsistent with or otherwise indicated by the context –
    • “the/this Agreement” means these Terms, the Supplier terms and conditions, the Customer terms and conditions (whichever are applicable) and the Supply Terms as amended and updated from time to time;
    • “Business Day” means a day which is not a Saturday, Sunday or an official South African public holiday;
    • “Catalogue” means the catalogue published on the Website from time to time in batches of up to 100 Products per batch and which contains details of the Products, indicative Prices, indicative Delivery Time and indicative quantity of Products available with regard to a Supplier;
    • “Customer” means a natural or juristic person who is a participant on the Website and who Orders Products;
    • “Delivery Note” means an electronic communication generated by the Supplier through the Website confirming dispatch of the Product;
    • “Delivery Time” means the time from placing of an Order to delivery of the Products to the Customer, as reflected in the Order Confirmation;
    • “the Effective Date” means the date on which the Customer or Supplier receives its Username and Password;
    • “Order” means an Order for Products placed by a Customer on the Supplier through the Website;
    • “Order Confirmation” means the electronic communication generated by the Supplier through the Website communicating acceptance of the Customers offer and the date and time of delivery of the Product;
    • “Password” means the secret word or code assigned to each User on registration used to serve as a security measure against unauthorized access to the Website and any new Passwords generated from time to time by the User;
    • “Price” means the Price of the Products, including delivery charges and VAT, as set out in the Order Confirmation;
    • “the Prime Rate” means the publicly quoted basic rate of interest, per centum per annum, compounded monthly in arrears and calculated on a 365 day year, from time to time published by Standard Bank of South Africa, as being its prime overdraft rate, as certified by any manager of that bank, whose appointment and designation need not be proved;
    • “Products” means the Products of a Supplier as set out in the Catalogue;
    • “Registered User” means a Customer or Supplier who has registered on the Website;
    • “Supplier” means the entity described in the Catalogue from time to time;
    • “Terms” mean these General Terms and Conditions;
    • “User” means a duly authorised employee of the Supplier or Customer who has been furnished with a Username and Password;
    • “Username” means the Username assigned to the Customer or Supplier on registration as a Customer or Supplier;
    • “VAT” means value-added tax levied in terms of the Value-Added Tax Act 89 of 1991, as amended;
    • any reference to the singular includes the plural and vice versa;
    • any reference to natural persons includes legal persons and vice versa;
    • any reference to gender includes the other genders.
    • “Website” is a Product procurement hub which connects Customers and Suppliers.
• Interpretation
  • A word defined or assigned a meaning in the Agreement will start with a capital letter.
  • All headings are inserted for reference purposes only and must not affect the interpretation of the Agreement.
  • Whenever “including” or “include”, or “excluding” or “exclude”, together with specific examples or items follow a term, they will not limit its ambit.
  • Terms other than those defined within the Agreement will be given their plain English meaning.
  • References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended from time to time.
  • A reference to a person includes a natural and juristic person and a reference to either party includes the party’s successors or permitted assigns.
  • Unless otherwise stated in the Agreement, when any number of days is prescribed in the Agreement the first day will be excluded and the last day included. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply. GMT +2 will be used to calculate any times.
• Conflict
  • If there is a conflict of meaning between this these Terms, the Supplier terms and conditions, the Customer terms and conditions, the Supply Terms or any other relevant policies, disclaimers, rules and notices agreed between the parties, the Terms will prevail.
• Preparation of information
  The Website is merely a venue where Customers and Suppliers of Products contact each other. Conetraders does not review or substantiate all of the information, Products or claims made on the Website and therefore, Conetraders cannot and will not guarantee its accuracy. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information and Products provided through the Website. You rely on the information contained on this Website at your own risk. If you find an error or omission at this site, please let us know.
• Our Role
  Our main role is to provide an online procurement platform through the Website, facilitate the purchase and supply of Product between Supplier and Customer and to collect payment from the Customer, deduct our commission and pay the balance to the Supplier as collection agent of the Supplier.
• Use of this Website
  • License to use this Website: We grant each Visitor a limited, revocable license to use this Website subject to the Agreement. Any Visitor wishing to use this Website contrary to the Agreement must obtain our prior written consent.
  • Framing: No person, business, or website may frame this Website or any of the pages on this Website.
  • Linking: Visitors may link to the Website only by linking to the home page of this Website. We prohibit Visitors from “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of a Visitor by us or suggest that the Visitor is the owner of any intellectual property belonging to us.
  • Spiders and Crawlers: No person, business, or website may use any technology (including spiders or crawlers) to search and gain any information from this Website.
  • Offsite content: We are not responsible for and give no warranties or make any representations in respect of content outside this Website (“offsite content”) or the privacy policies or practices of linked or any third party websites. Providing links by us is done only as a convenience and the inclusion of any link does not imply endorsement, guarantee, warranty or representation by Conetraders of the offsite content.
• Intellectual property
  • Ownership: Except as provided to the contrary in the Agreement, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this Website are the sole property of or will vest in us. All moral rights are reserved.
  • Trademarks: Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without permission. Any other trademark or trade name that may appear on this Website or other of our marketing material is the property of its respective owner.
  • Restrictions: Except as expressly permitted under the Agreement, this web site may not be:
    • modified, distributed, or used to make derivative works;
    • rented, leased, loaned, sold or assigned;
    • decompiled, reverse engineered, or copied; or
    • reproduced, transferred, or distributed.
  • Prosecution: All violations of proprietary rights or the Agreement will be prosecuted to the fullest extent permissible under applicable law.
• Accounts
  • Passwords and Security: Only a registered Supplier can list its products on the Website. Only a registered Customer can make offers.
  • Registration Details: Accounts registered by bots or other automated methods are not permitted. Each Registered User must provide their full legal name, a valid email address, and any other information requested in order to complete the registration process. One person may only use each Registered User’s login – we do not permit multiple people to share a login.
  • Deactivation or deletion by Registered User: A Registered User may deactivate or delete its account, for any reason.
  • Capacity: Where the Registered User is a natural person, s/he represents and warrants that s/he:
    • is old enough under applicable law to enter into the Agreement;
    • is legally capable of concluding any transaction;
    • possesses the legal right, full power, and authority to enter into the Agreement;
    • is authorised to use the Password required for any account; and
    • will submit true, accurate and correct information to us and the Website.
• Disclaimer
  • Use of this Website is at the sole responsibility and risk of each Customer. This Website is provided on an “as is” and “as available” basis. Except for the warranties given in the Agreement, we expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied, including:
    • any implied warranties or conditions of satisfactory quality, no latent defects, merchantability, fitness for a particular purpose, accuracy, system integration, quiet enjoyment, title, and non-infringement; or

    • any warranties regards third party software.
  • We do not warrant that this Website will meet the requirements of any Customer or be uninterrupted, be legally effective or complete, timely, secure, error-free or free from infection by malicious software. Each Customer should keep up-to-date security software on the systems used to access this Website.
  • You acknowledge that Conetraders does not at any time come into possession of the Products provided on the Website and that Conetraders is not and cannot be aware of the specific use to which those items will be put. Conetraders shall not be liable for any claims or statements made by Suppliers in relation to their Products. We are not responsible for and shall not be held liable for any loss or damage whatsoever relating to Products purchased or obtained through the Website.
• Limitation of Liability
  • Correct faults: We will correct any fault in this Website where possible and as soon as reasonably practical and this is our entire liability regarding any fault in the Website. If this clause is held inapplicable or unenforceable, then the following clause will apply.
  • Direct damages limited: To the extent permitted by applicable law, regardless of the form (whether in contract, tort, or any other legal theory) in which any legal action may be brought, our maximum liability to you for direct damages for anything giving rise to any legal action will be an amount of R1 000.00.
  • Indirect damages excluded: To the extent permitted by applicable law, in no event will we (or our personnel) be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data or software, loss of use, damages relating to downtime or costs of substitute products) arising from the Agreement.
• Dispute Resolution
  • Any legal proceedings instituted by us against a Customer for an interdict regarding intellectual property rights may be brought in any competent court without the need to provide any security.
  • Way a dispute arises between the parties, the parties will, in the first instance, refer the dispute to the Customer Relationship Department of each party, which will use its best endeavours to resolve the dispute.
  • If the parties are unable to resolve a dispute, the dispute will be finally resolved by expedited arbitration in accordance with the dispute resolution procedures and rules of the Arbitration Foundation of Southern Africa in the city where we have our head office, in English.
• General
  • Entire Agreement: The Agreement constitutes the entire agreement between the parties in respect of the subject matter of the Agreement.
  • Changes: The Agreement may be changed at any time by us and where this affects the rights and obligations of a Customer, we will notify the Customer of any changes by placing a notice in a prominent place on this Website(or by email). If a Customer does not agree with the change the Customer should stop using this Website. If a Customer continues to use this Website following notification of a change to the Agreement, the changed terms will apply to the Customer.
  • Fact related to Website: A certificate, signed by an administrator of this Website, of any fact related to this Website (including the version of the terms that governs a particular Order or dispute and what content was published or functionality was available on the Website at a specific point in time) will be conclusive irrefutable proof of the correctness of the certificate’s contents.
  • Waiver: No granting of time or forbearance will be, or be deemed to be, a waiver of the Agreement and no waiver of any breach will operate as a waiver of any continuing or subsequent breach.
  • Severability: If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the Agreement will have full force and effect, provided the severance does not alter the nature of the Agreement.
  • Governing Law and jurisdiction: The Agreement is governed by and must be interpreted under the laws of the Republic of South Africa and Customer agrees to submit to the exclusive jurisdiction of the South African courts.