Site Terms & Conditions

1. Introduction

  1. Our location on the internet is at www.bitrateonline.co.za,
  2. Our Terms and Conditions (“Terms and Conditions”) cover the purchasing of solutions (purchase of hardware and software items) on our website.
  3. These Terms and Conditions are binding on anyone clicking on any page or simply browsing on the website.
  4. Bitrate Online allows for the involvement of approved third party organisations being our reseller partners throughout Africa and these partners will assist with delivery and installation.

 

2. Ownership and copyright

The contents of this Website are subject to copyright protection.
 

3. Consumer Notice

  1. Bitrate Online recognises that users within the Replublic of South Africa 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 Bitrate Online or a third party; and/or
    2. may create risk or liability for the user; and/or
    3. may compel the user to indemnify Bitrate Online or a third party; and/or
    4. serves as an acknowledgement, by the user, of a fact.

  3. It is your responsibility as a user read and to understand these Terms & Conditions. If you don’t understand a clause, please contact Bitrate Online directly and request clarification.
  4. Users should only access Bitrate Online if they agree with the Terms and Conditions. If users continue to browse and purchase on the Bitrate Online Website then it is deemed that have read and accepted the Terms and Conditions as stipulated on the website.
  5. Bitrate Online permits the use of this Website subject to the Terms and Conditions. By using the website you automatically agree to the Terms and Conditions herein.
  6. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation.

 

4. Use of online property

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 Bitrate Online representative.
 

5. Returns

See Bitrate Online’s Return policy
 

6. Conclusion of sales and availability of stock

  1. Users may place orders for solutions (i.e. hardware and software items), which Bitrate Online may accept or reject. We will attempt to maintain sufficient stock levels to cater for purchases, however, should items be out of stock, a Bitrate Online representative will be in touch and contact the user with an expected time of arrival for particular item or stock ordered. note that if we do not have the stock as suggested we will be in touch with an expected time of arrival of the stock. If the expected delivery date does not meet with your expectations, the user may request a full refund. Refunds will only processed and paid to user/person/entity whom placed the order and where stock is not available within a reasonable period. NO PAYMENTS TO THIRD PARTIES WILL BE PROCESSED. All refunds will be subject to the submission of the requested refund documentation and these refunds will be processed within a reasonable period.
     
    In normal circumstances a sale is not subject for a refund after the user does the online purchase. It is expected that you are fully aware of what you are purchasing, and a return will not be processed due to you not understanding the technical specifications of the solution. Please contact us before you purchase if you need guidance.
  2. NOTE: Bitrate Online considers the sale processed by delivering the solutions to you or allowing you to collect them at which point we consider it an agreement of sale between you and Bitrate Online.
  3. Placing product in the shopping basket does not mean they are ordered.
  4. Pricing may change at any time.

 

7. Payment

  1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
  2. Payment can be made for Solutions via –
     
    1. debit card;
    2. 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;
    3. 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. Bitrate Online will not accept your order if payment has not been received;
    4. Instant EFT if you contact Bitrate Online

  3. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

 

8. Delivery of product

  1. Bitrate Online offers 2 methods of delivery. You may elect delivery via:

    1. courier; or
    2. self-collection.

  2. Where it accepts your order, Bitrate Online or the a Third Party Partner will deliver the Goods to you as soon as reasonably possible.
  3. Bitrate Online’s obligation to deliver an order to you is completed when we deliver the order to the physical address nominated by you for delivery of the order. Bitrate Online is not responsible for any unauthorized use or loss of a product once delivered.

 

9. Eroneous Information

  1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of solutions on the Website. However, should there be any errors of whatever nature on the Website we will not accept liability for any loss unless there is gross negligence on our part.

 

10. Promotions

  1. Only one promotion can be selected per purchase.

 

9. Eroneous Information

  1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of solutions on the Website. However, should there be any errors of whatever nature on the Website we will not accept liability for any loss unless there is gross negligence on our part.

 

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.
  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. We will not, without your express consent:
     

    1. use your personal information for any purpose other than as set out below:
      1. Deliver solutions purchased.
      2. Email you News letters from our email address including new promotions or pertinent information.
    2. disclose your personal information to any third party outside our organisation or related organisation, our affiliates, law enforcement when required by a court and our suppliers where they need to deliver support.
  5.  

  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 or ordered to do so by a court of law.
  7. We will ensure that all of our employees & affiliated third parties are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
  8. We will apply the necessary POPI and GDPR compliance to your personal information.
  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.
  10. Bitrate Online undertakes not to sell your personal information.
  11.  

    12. Changes to these Terms and Conditions

    1. Bitrate Online may change any of these Terms and Conditions at any time.

     

    13. Electronic communications

    1. When you visit the Website or send emails to us, you consent to receiving communications from Bitrate Online or any affiliate company.

     

    14. 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. While we take reasonable measures to ensure content is accurate and complete, Bitrate Online makes no representations as to the accuracy of said content of the Website.
    3. Bitrate Online does not accept liability for any loss through a connection to Bitrate Online’s Website.
    4. All warrantees are subject to the original equipment manufacturer warrantees. Bitrate does not accept liability outside of these warrantees.

     

    16. 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 Bitrate Online, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Pretoria).
    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.

     

    17. Notices

    1. Bitrate Online hereby gives its address as Postnet Suite # 152 Private Bag X782 Bedfordview 2008 ,Gauteng, South Africa
    2. Notices must be sent through the following methods. All notices sent –
      1. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      2. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. Use “read Reciept” in order to serve as proof that an email has been received.

     

    18. Information

    1. 1. For the purposes of the ECT Act, Bitrate Online’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: Bitrate Online Online, Trading name is Bitrate Distribution
      2. Main business: IT Distribution
      3. Physical address for receipt of legal service (also postal and street address):
        Postnet Suite # 152 Private Bag X782 Bedfordview 2008 ,Gauteng, South Africa
      4. Office bearers: Marius de Bruin
      5. Phone number: +27 (0)11 037 1700
      6. Email address: marketing@Bitrate.co.za
      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.

     

    19. General

    1. Bitrate Online 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 Bitrate Online 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 Bitrate Online and no other warranty or undertaking is valid, unless contained in this document between the parties.