1.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
1.2 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 –
• your name and surname;
• your email address;
• your physical address;
• your mobile number; and
• your date of birth.
1.3 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.
1.4 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.
1.5 Subject to clause 1.6 below, we will not, without your express consent:
1.5.1 use your personal information for any purpose other than as set out below:
1.5.2 in relation to the ordering, sale and delivery of Goods;
1.5.3 to contact you regarding current or new Goods or services or any other goods offered by us.
1.5.4 disclose your personal information to any third party other than as set out below:
188.8.131.52 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;
184.108.40.206 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;
220.127.116.11 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;
1.6 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.
1.7 We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
1.8 We will -
1.8.1 treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
1.8.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
1.8.3 provide you with access to your personal information to view and/or update personal details;
1.8.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
1.8.5 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
1.8.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
1.9 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
1.10 PremiumTrack undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, PremiumTrack 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.
1.11 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
1.12 Changes to these Terms and Conditions
1.12.1 PremiumTrack 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.
1.12.2 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.
1.13 Electronic communications
1.14 Ownership and copyright
1.15.1 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 PremiumTrack.
1.14.2 You will not acquire any right, title or interest in or to the Website or the Website Content.
1.14.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at 0861 118880 or e-mail email@example.com
1.14.4 Where any of the Website Content has been licensed to PremiumTrack 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.
1.15.1 PremiumTrack 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.
1.15.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
1.15.3 Any failure on the part of you or PremiumTrack to enforce any right in terms hereof shall not constitute a waiver of that right.
1.15.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
1.15.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
1.15.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
1.15.7 These Terms and Conditions contain the whole agreement between you and PremiumTrack and no other warranty or undertaking is valid, unless contained in this document between the parties.
1.16.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
1.16.2 Whether the Goods are for sale by PremiumTrack or a Third Party Seller, payment can be made for Goods via -
1.16.3 debit card;
1.16.4 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;
1.16.5 direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. PremiumTrack will not accept your order if payment has not been received;
1.16.6 You may contact us via email at firstname.lastname@example.org to obtain a full record of your payment. We will also send you email communications about your order and payment.
1.16.7 Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
1.17 Delivery of goods
1.17.1 PremiumTrack offers delivery of Goods to you.
1.17.2 Where it accepts your order, PremiumTrack will deliver the Goods to you as soon as reasonably possible, but no later than 14 (Fourteen) 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.
1.17.3 PremiumTrack 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. PremiumTrack 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.
1.18.1 We shall take all reasonable efforts to accurately reflect the description and purchase price 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.