Website Terms & Conditions

TERMS OF SERVICE

Read these Terms carefully before browsing this Website. Your continued use of this Website indicates that you have both read, understood and accepted these Terms.  Please note that in these Terms, provisions which are underlined are intended to be drawn to your attention and you should take careful note of them. Defined terms have been bolded for ease of reference and easier reading.

Clause 1          Introduction

1. The website with URL pinnacle.co.za (the “Website”) is operated and/or owned by Pinnacle Micro Proprietary Limited, registration number: 1993/000917/07 (hereinafter referred to as “Pinnacle”, “we”, “our” or “us”). Any reference to “Pinnacle”, “we”, “our” or “us”, will include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers, as the circumstances may permit.

2. By accessing and/or using the Website, you acknowledge that you have read, understood, accepted, and agreed to be bound by the Terms, including any additional terms and conditions, policies or laws referred to herein and specifically including any terms or policies to which a hyperlink is made available in these Terms.

3. In the event that you access and or use the Website in a capacity other than in your personal capacity, but rather as an agent, nominee or representative of another, you warrant and represent that you have the authority to do so and to bind such party to these Terms, including any Order (as defined in paragraph 10 below).

4. We reserve the right to amend, alter, change, modify or revise the Terms from time to time and without notice to you, which amendments, alterations, changes, modifications and revisions will come into force and effect from the moment that they are reflected on the Website. By accessing and/or using the Website after such amendment, alteration, change, modification or revision to the Terms, you acknowledge that you have read, understood, accepted, and agree to be bound by such amendedTerms. Any such amendment will not affect the rights of either of the Parties that may have accrued before such amendment, alteration, change, modification or revision (as the case may be) came into being.

Clause 2          Definitions

1. “Business Days” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa;

2. “Cart” means a temporary record of Goods selected by a User for eventual purchase from Pinnacle and prior to payment being made for such Goods;

3. “Charges” means the amounts payable by the Registered User for Goods as stipulated in an Order;

4. “Consumer” means a consumer as defined in section 1 of the – (i) ECTA; and (ii); CPA and which is a natural person;

5. “Contract” means an agreement concluded between a Registered User and Pinnacle, for the sale of Goods in consideration of the Charges, pursuant to the acceptance by Pinnacle of an Order which is subject to these Terms;

6. “Corporate” means a juristic person whose asset value or annual turnover equals or exceeds the threshold determined by the Minister of the Department of Trade and Industry in terms of section 5(2)(b) of the CPA;

7. “CPA” means the Consumer Protection Act, No 68 of 2008;

8. “ECTA” means the Electronic Communications and Transactions Act, No 25 of 2002;

9. “Goods” means all products made available for purchase on the Website, which includes, amongst other things, software, hardware, personal computers, notebooks, point-of-sale products, networking, enterprise, life safety, closed circuit television, infrastructure and other Information and Communications Technology products, accessories and peripherals;

10. “Order” means an offer by a Registered User that is placed upon Pinnacle on the Website, to purchase Goods for the applicable Charges, which are subject to these Terms;

11. “Parties” means Pinnacle and the User and “Party” means either Pinnacle or the User as the context indicates;

12. “Personal Information” means information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person as contemplated in section 1 of the Protection of Personal Information Act, 4 of 2013 (“POPI”),

13. “Pinnacle” means Pinnacle Micro (Proprietary) Limited (Registration Number 1993/000917/07), a company registered and incorporated with limited liability under the laws of the Republic of South Africa;

14. “Pinnacle’s Premises” means 269 16th Street, Midrand, Gauteng, Republic of South Africa;

15. “Process” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including - (i) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (ii) dissemination by means of transmission, distribution or making available in any other form; or (iii) merging, linking, as well as restriction, degradation, erasure or destruction of information;

16. “Registered User” means any Reseller who is registered to use the Website and who includes a Consumer, Corporate and SME;

17. “Reseller” means a customer who has concluded an agreement with Pinnacle to purchase products dealt with by Pinnacle for resale, including Goods, upon certain terms and conditions;

18. “Services” means the use of the Website by a User, including browsing the Website or purchasing any Goods on the Website by placing an Order, as the case may be;

19. “Sign-In” means the process of a Registered User utilising their unique username and password to gain full access to the Website, permitting such User to place an Order for Goods and permitting the conclusion of a Contract, subject to these Terms;

20. “SME” means a juristic person whose asset value or annual turnover is less than the threshold determined by the Minister of the Department of Trade and Industry in terms of section 5(2)(b) of the CPA;

21. “Specifications” means the functional and technical specifications applicable to Goods as published by the manufacturer;

22. “Terms” means these Terms of Service as read together with the privacy policy, which privacy policy may be found at https://pinnacle.co.za/privacy-policy (“Privacy Policy”); and

23. “User” and/or “you” means any person who accesses or utilises the Website and is bound by the Terms and who includes aRegistered User;

24. “User Information” means all information provided by a User or collected by us from a User, including Personal Information, which collection and use the User consents to in accordance with these Terms;

25. “Warranty Period” means the standard warranty period, if any, offered for the particular Goods, being the period specified in the description of the Goods in question in the Website.

Clause 3          Interpretation

1. In these Terms, unless inconsistent with or otherwise indicated by the context: (i) any reference to the singular includes the plural and vice versa; (ii) any reference to natural persons includes legal persons and vice versa; and (iii) any reference to a gender includes the other genders.

2. Where appropriate, meanings ascribed to defined words and expressions in these Terms, will impose substantive obligations on the Parties. The paragraph headings in these Terms have been inserted for convenience only and will not be taken into account in its interpretation.

3. Where these Terms require a Party to use “Reasonable Endeavours” in relation to an act or omission, that Party will do all such things as are or may be reasonably necessary or desirable so as to achieve that act or to omit taking an action, unless the Parties agree that it is not reasonable to take the action or to omit an action.

4. In circumstances of the CPA and ECTA the being applicable to these Terms, the provisions of the CPA and the ECTA will prevail in the event of a conflict between any provision of these Terms and the provisions of the CPA and the ECTA.

5. The rule of construction that in the event of ambiguity, the contract will be interpreted against the party responsible for its drafting will not apply in the interpretation of these Terms.

Clause 4          Use of the website

1. A User may only make use of and view the Website should they have a legitimate interest in reviewing and or purchasingGoods from the Website, tracking orders, maintaining their User Information or corresponding with Pinnacle and for no other purpose. You may not utilise the Website for commercial gain by amongst other things, replicating the Website or copying any content or information displayed on the Website, which is prohibited.

2. No person below the age of majority may access and or use the Website and by using the Website you warrant and represent that you are of the age of majority.

3. These Terms are to be interpreted and enforced in accordance with the laws governing the Republic of South Africa. By using and accessing the Website and agreeing to these Terms you agree to be bound by such laws and that any claim or right arising in terms of these Terms is only enforceable within the Republic of South Africa.

4. To the fullest extent permitted by the applicable law, in the event of conflict between these Terms and any written and signed agreement between a Registered User and Pinnacle pertaining to any Contract, then the provisions of the written and signed agreement will prevail.

5. A User is required to safeguard their unique username and password utilised to Sign-In and agrees that once the correct unique username and password have utilised to Sign-In, the User will be liable for payment of all Charges related to any Order made using the User’s unique username and password.

6. Should a User suspect or become aware of any unauthorised use or access of the User’s unique username and password to Sign-In by an unauthorised third party, the User will be required to immediately notify Pinnacle thereof by way of email to mailto:[email protected] and to contact Pinnacle telephonically on 011 265 3000.

7. Users are prohibited from utilising the Website for any unlawful purpose.

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 or to intercept any information therefrom. 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 therein, without the prior written consent of Pinnacle.

9. Should a User breach the provisions of paragraph 8 above or commit any offence as contemplated by any law, including section 85 to 88 of the ECTA, Pinnacle may lay a criminal charge against such User and take all necessary steps to recovery any loss or damage suffered consequent upon such Users conduct.

10. You may not use the Website to distribute and/or publish any content which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

11. Users undertake not to send to spam mail or make use of other unsolicited mass e-mailing techniques to Pinnacle or any third-party provider.

12. Users will not introduce any virus, worm, trojan horse, malicious code or other similar program which may in any way damage, interfere, interrupt, effect, compromise any computers, devices or other computer-based equipment, including servers and network equipment by way of any email communication or otherwise.

13. Users may not sell, redistribute or use information contained on the Website for a commercial purpose without Pinnacle’sprior written consent.

14. Users may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of Pinnacle’s

15. Users understand and agree that they are solely responsible for compliance with any and all laws, rules and regulations that may apply to their use of the Website or the Services.

Clause 5          Registration Process

1. Resellers will become a Registered User upon Pinnacle furnishing them with a unique username and password to Sign-Inand gain access to the Website to purchase Goods. Pinnacle reserves the right to withdraw a Registered Users ability to Sign-In to the Website should they fail to continue to qualify as a Reseller or for any reason whatsoever.

2. Each time a Registered User wishes to Sign-In to the Website, the Registered User will be required to log into the Website using their unique username and password.

3. Should a Registered User attempt to Sign-In and enter the incorrect unique username or password, the Registered User will be denied access to the Services.

4. Should a Reseller not have been furnished with a unique username and password to Sign-In and gain full access to the Website to purchase Goods, the Reseller in question will need to contact Pinnacle and make an application for a unique username and password.

Clause 6          Personal Information

1. By using this Website Users agree and consent that we may consider, assimilate, store utilise and Process your User Information as contemplated in this paragraph 6 and these Terms.

2. This Website makes use of HTTP cookies, being packets of data that a User’s computer receives and then sends back to us without changing or altering it (“cookies”). Cookies are small text files transmitted to a Users computer/device to collect certain usage data from the Users computer/device. Cookies are used to track User data including User Information which can be collected includes the amount of time spent on the Website, pages visited while utilising the Website, a User’s options, preferences and settings; accounts which a User accesses, pages historically visited by a User, items in the User’s Cart.

3. The User consents to the use of both session and persistent cookies. Session cookies disappear after the Website is left whereas persistent cookies remain after a browser is closed, but can be removed manually. Data collected by way of cookiesis not personal identity information. If a User does not wish to have information collected by way of cookies, a User can deactivate their cookies collection policy on their computer/device by changing their browser settings. Should a User’s cookie settings be deactivated, certain essential features of the Website will not operate and will not be available to the User, limiting the use of the Website. Should a User not disable cookies you are deemed to have consented to the use of any information collected by way of cookies.

4. Registered Users agree to the use and collection of User Information, which includes but is no limited to: (i) the name of the User; (ii) the identity / registration number of the User; (iii) the User’s email address/es; (iv) the User’s Physical and postal address; (v) the User’s telephone numbers; (vi) the User’s cardholder information including credit or debit card number, card holder name, expiration date and bank; (vii) the User’s gender; (viii) identifying numbers, symbols, location information, online identifier or other particular assignment of and relating to the User; (ix) the biometric information of the User; (x) the personal opinions, and (xii) internet usage information, click patterns, browsing habits, language preferences, browser settings, demographic information of the User.

5. Should a Registered User’s User Information change at any time, the User will provide Pinnacle with updated User Information prior to utilising the Website, failing which the User Information which Pinnacle is in possession of will be deemed to be correct. Notwithstanding the aforesaid, in the event that any information displayed on the Website is incorrect, including but not limited to the User’s name, address, financial or other details, the User will take immediate steps to notify Pinnacle of same.

6. The User warrants and represents that all information provided to Pinnacle by the User will be true and accurate in all respects and the User will not furnish Pinnacle with any information which constitutes a misrepresentation irrespective of whether such information is provided by means of use of the Website or was historically furnished to Pinnacle by any other means.

7. The User hereby authorises and consents to Pinnacle to Process its User Information: (i) to validate and verify your Sign-In; (ii) in relation to the ordering, sale and delivery of Goods; (iii) to contact you to confirm any order, sale or delivery of Goods; (iv) to inform you of any features, offers, promotions (save in the event that you have opted not to receive same); (v) to monitor aggregate Website usage; (vi) to process payments; (vii) to improve the Website and user experience by way of gathering and storing the information contemplated in 1 and 6.2 above; (viii) for the detection and prevention of fraud, crime, money laundering; (ix) to conduct market and customer satisfaction research and statistical analysis; (x) for audit and record keeping purposes; (xi) to maintain, enhance and provide all the features of the Website and Service; (xii) in connection with any legal proceedings or to comply with any law; (xiii) to analyse User purchase patterns.

8. The User hereby consents to the disclosure and Processing of their User Information by: (i) Pinnacle, its employees, consultants, contractors and agents; and (ii) Pinnacle’s service providers (“third parties”) who facilitate - the operation of the Website; transactions on the Website; the ordering, payment and delivery or collection of Goods; (iii) the storing, processing and analysing of a User’s User Information; (iv) marketing to Users; (v) to comply with any law; (vi) for invoicing, accounting records and or auditing requirements; and (vii) to comply with any obligation to a User under these Terms.

9. Pinnacle will take all reasonable steps to ensure that a User’s User Information is not Processed by Pinnacle or any third party other than in accordance with these Terms.

10. The User consents to their User Information being retained for historical, statistical and research purposes.

11. The User may in accordance with the provisions of the ECTA and POPI request that their User Information be corrected or deleted.

12. Pinnacle will take appropriate, reasonable technical and organisational measures to prevent: (i) loss of, damage to or unauthorised destruction of User Information, and (ii) unlawful access to or procuring of User information.

13. Should Pinnacle become aware of any unauthorised use of User Information, it will notify the User

14. Further provisions pertaining to the Processing of your User Information are set out in our Privacy Policy which is to be read in conjunction with what is set out in these Terms. To the extent that there is any conflict between our Privacy Policy and these Terms, these Terms will take preference.

Clause 7          Sale of Goods

1. Only Registered Users may purchase Goods.

2. All Orders and Contracts and all terms and conditions applicable thereto will be incorporated into, form part of and be subject to these Terms.

3. The placing of an Order on the Website constitutes an offer to purchase Goods at the applicable Charge by the Registered User which Pinnacle may accept or reject and which is subject to the availability of stock of Goods.

4. A Contract will only come into force between Pinnacle and the Registered User if after receipt by Pinnacle of an Order, Pinnacle confirms to the Customer that the Order in question has been accepted, provided that Pinnacle reserves the right to resile from the Contract in the event that payment for the Goods in question has not been effected by the Registered User.

5. The User acknowledges that all Goods offered for sale on the Website are subject to stock availability. Should stock of any Goods no longer be available, Pinnacle will take reasonable measures to remove such Goods from the Website. Should a User place an Order for Goods and stock of such Goods not be available, despite acceptance of an Order by Pinnacle, the User agrees that Pinnacle may cancel the Contract and the User will be entitled to a full refund of any amount so paid to Pinnacle for such Goods.

6. The User acknowledges that the adding of Goods to their Cart or wish list, will not constitute an Order, nor reservation of the Goods. The User - (i) agrees that Pinnacle may remove such Goods from a User’s Cart should a User not fulfil the Orderwithin 5 minutes; and (ii) accepts that Goods on their wish list may become out of stock and are subject to price variations.

7. Goods listed on the Website are: (i) priced inclusive of Value Added Tax chargeable under the Value-Added Tax Act 89 of 1991 and are subject to price variation without notice; (ii) may change and may be discontinued without notice.

8. To the fullest extent permitted by the applicable law, the User acknowledges and agrees that each item of Goods at the applicable Charges as listed in an Order, will be deemed to be a separate and divisible offer by the User, which Pinnaclemay accept or reject, without regard to the remaining items of Goods at their respective Charges.

9. The User acknowledges and accepts that Pinnacle reserves the right to limit the quantity of Goods that may be Ordered by a User and that the availability of Goods may be restricted to certain geographical areas.

10. The User acknowledges that - (i) all pictures and images of Goods on the Website are for illustrative purposes only and that Goods may vary slightly from the appearance on the Website; (ii) accessories accompanying any Goods in any picture or image on the Website are for illustrative purposes only and may either be sold separately or not at all. Users must carefully consider the description of the Goods to ascertain the accessories, if any, that may accompany Goods.

Clause 8          Payment

1. Pinnacle makes use of a third-party service providers, which may vary from time to time, to process the payment of Chargesby way of an encryption technology payment system. The third-party currently utilised by Pinnacle is “Peach Payment Services Proprietary Limited” (“Payment Provider”).

2. The User acknowledges, confirms and agrees that: (i) Pinnacle may disclose the User’s User Information to the Payment Provider to be Processed so as to effect payment for the Goods; and (ii) they have read and understood the use and privacy terms and conditions of the Payment Provider which are available at https://peachpayments.zendesk.com/hc/en-us/articles/360009169079-Peach-Payments-Privacy-Policy, and agrees to be bound thereby.

3. Pinnacle and/or the Payment Provider may require additional information from a User or their financial service provider to verify and/or authorise any payment. Should there be delay in procuring such information, the delivery of any Goods Orderedmay be delayed by such equivalent time, which the User agrees to. Should any payment not be processed for any reason whatsoever, Pinnacle may, in its sole discretion, reject the Order or cancel the Contract, as the case may be.

4. Pinnacle will not be liable for any delays, errors, fees or other charges occasioned by any cancellation or related in any way to the non-fulfilment of payment.

5. The User warrants that all account information is true and correct and that the account and or credit facilities being utilised by the User have sufficient funds to honour the payment of the Charges. The User indemnifies Pinnacle for any loss or damages that may arise consequent upon untrue and incorrect billing or other information being provided to Pinnacle.

6. No Goods will be delivered or released to a User until payment of the Charges in full has been effected, secured or payment terms have otherwise been agreed to in Pinnacle’s sole and absolute satisfaction.

Clause 9          Delivery

Collection

1. Unless otherwise agreed, Goods will be delivered to the User, at Pinnacle’s Premises.
2. Goods must be collected within 7 (seven) days failing which Pinnacle will be entitled to cancel the Order and refund the User any payment made in respect of such Order.

Carrier

1. The User will be responsible for procuring and arranging the transportation of the Goods from Pinnacle’s Premisesto any destination required by the User.
2. Delivery will be completed when the Goods are handed to the User, its representative or agent at Pinnacle’s Premises and before loading commences.
3. After completion of delivery, Pinnacle will not be responsible for the arrival of the Goods at their destination or for any loss or damage to the Goods from any cause whatsoever, while in transit.

Courier Service

Should Pinnacle at the User’s behest, agree to engage a courier to transport the Goods for the User, then the following provisions will apply:

1. Pinnacle makes use of a third-party service providers to deliver Goods to Users, which may vary from time to time. The third-parties currently utilised by Pinnacle are RTT Group Proprietary Limited and Courier It SA Proprietary Limited (“Courier”). By placing an Order a User acknowledges, confirms and agrees: (i) that Pinnacle may disclose the User’s User Information to the Courier to be Processed so as to cause delivery of the Goods to the User; and (ii) that they have read and understood the use and privacy terms and conditions of the Courier which are available at https://rtt.com/wp-content/uploads/2020/05/RTT-Terms-and-Conditions-Version-2.0a-May-2020.pdf and https://beta.courierit.co.za/wp-content/uploads/2020/07/Courierit-only-STCs-PDF.pdf , and agrees to be bound thereby.
2. The User will be liable for the costs of delivery, if any, which will be specified on the Website before placing the Order
3. Pinnacle will procure that the Goods will be delivered by the Courier to the User by no later than 30 days after the date of acceptance of the Order in question, but will endeavour to effect delivery at such earlier date as may be communicated to the User (“Delivery Date”). The User will be able to track the Contract on the Website, alternatively a tracking link will be transmitted to the User. Should a Consumer not receive delivery of the Goods by the Delivery Date, the Consumer will be entitled to cancel the Contract on 7 (seven) days written notice.
4. In the event where any action or omission of User, causes Pinnacle not to deliver the Goods to the User on or before the Delivery Date then the Delivery Date will be extended by the same period as that delay.
5. Deliveries will only be effected within the Republic of South Africa and during Business Days unless agreed otherwise by Pinnacle and subject to such additional costs as may be applicable thereto.

Downloads

1. A Contract for Goods which constitute software (including audio, video, books, newspapers, periodicals or other digital data)  and which is not described on the Website as being written to a compact disk or deliverable in any tangible form, will be delivered to a User by way of a link emailed to the User together with any product key required to download the software onto the User’s personal computer. The costs associated with any bandwidth to download the software will be for the User’saccount. The User agrees that transmission of the download link will constitute delivery of the Goods in question by Pinnacleto the User.

Clause 10          Ownership and Risk

1. The risk in the Goods ordered by the User will pass to the User upon delivery.

2. Ownership of the Goods will not pass to the User until the Charges in respect of the Goods in question have been paid in full. The provisions of this clause will apply notwithstanding delivery, the installation of such Goods at any premises or the accession thereof to any of the User’s goods or that the Goods may be incorporated into or form part of other goods or change their essential character. All Goods, whether fixed to immovable property or not, will be deemed to remain movable property and be deemed to be severable without injury to either property.

Clause 11          Warranties and Representations

To the fullest extent permitted by the applicable law:

1. If during the Warranty Period any Goods purchased from Pinnacle fail to comply with the Specifications, Pinnaclewill at its election: (i) repair the faulty Goods; (ii) replace the Goods with another Goods which performs substantially the same as the faulty Goods; or (ii) refund the User with the Charges of the faulty Goods.
2. Pinnacle will be relieved of all obligations in paragraph 1.1, if: (i) repairs or modifications have been made by persons other than the manufacturer (or their nominee) of the Goods, unless such repairs or modifications are made with the prior written consent of the manufacturer (or their nominee) of the Goods; (ii) any Goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by Pinnacle; (iii) the Goods will not have been operated or maintained in accordance with the manufacturer’s instruction, or under normal use; (iv) the Goods will not have been properly installed; (v) spare parts and consumable parts other than those recommended for use by the manufacturer of the Goods are fitted, attached or used on the Goods.
3. Pinnacle will be under no liability in respect of: (i) any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow Pinnacle’s instructions (whether oral or in writing), improper use outside the Specifications, damage to the Goods caused by improper maintenance, service or repair by untrained personnel or technicians, and unauthorized alterations or modifications of the Goods; and (ii) parts, materials or equipment which are accepted in the industry to have a limited life expectancy or parts, materials or equipment, which need to be replaced at specified and published service intervals.
4. The User acknowledges that it must satisfy itself as to the adequacy, appropriateness and compatibility of the Goodsfor its requirements. The User acknowledges that it has not relied on any statements or representations on the part of Pinnacle as to the performance or functionality of the Goods.
5. Pinnacle will have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the Goods and whether or not occasioned by Pinnacle’s negligence or any act or omission on its part. Without limiting the aforegoing Pinnacle does not warrant that the Goods will be fit for the purposes for which they are to be used by the User (notwithstanding that the use to which the User intends to put the Goods is known to Pinnacle).
6. except as expressly set out in these Terms, Pinnacle excludes all warranties, conditions, terms, representations and undertakings, whether express, implied, statutory or otherwise, including any condition or warranty of merchantability or fitness for a particular purpose. Pinnacle does not warrant that the Goods will meet any of User’s requirements, that the Goods will be free of defects, or that all defects will be corrected.

Nothing under paragraph 1 effects a User’s rights in terms of the applicable law. This includes the following rights:

1. a Consumer’s 7-day cooling off rights in terms of section 44 of the ECTA and a Consumer’s right to return Goods in terms of section 55(3) of the CPA;
2. a SME’s 5-day cooling off rights in terms of section 16 of the CPA and the SME’s right to return Goods in terms of section 20 of the CPA;
3. the 6-month implied warranty of Goods applicable to a Consumer and a SME in terms of section 56 of the CPA.

Clause 12          Intellectual Property

1. The content 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) is the property of Pinnacle, unless specified otherwise, and is protected by South African and international copyright laws.

2. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

3. Your use and access of the Website does not and will not afford you any right of ownership or any other right, title or interest in or to the Website and its content.

4. Except as stated in these Terms, none of the content on the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, save as permitted by the fair use privilege under the South African copyright laws or with our prior written permission, which may be withdraw without reason and in our sole and absolute discretion.

5. Users are expressly prohibited to “mirror” any content, contained on the Website or any other server hosting the Website.

6. The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, provided the link does not portray us, our affiliates, or the Goods and Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use logos or other proprietary graphics or trademarks on the Website as part of the link without Pinnacles permission or the permission of our affiliates or content suppliers.

7. All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of third parties, are the exclusive property of Pinnacle.

8. A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.

9. We own or are licensed to use all intellectual property on the Website. A  User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

Clause 13          Liability Disclaimer

To the extent permitted by law and subject to these Terms:

1. The use of the Website by a User is entirely at the User’s own risk and the User assumes full liability for any loss resulting from the use of the Website.
2. No warranty, representation or guarantee is made to a User that the Website or any file or information that is available for download on the Website or delivered to a User by way of an email from Pinnacle will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities which may, amongst other things, compromise, harm, jeopardise or impact a User’s operations, computer network, software, hardware or device.
3. A User is responsible for ensuring that they implement appropriate processes, systems and procedures to protect the User from any such threat and will refrain from utilising the Website should it not have done so.
4. Pinnacle pertinently disclaims any liability for any loss, damage, liability of any nature whatsoever which may arise consequent upon a User’s access and use of the Website for whatsoever reason and the User will have no claim against Pinnacle for any direct, indirect, consequential, special or other loss or damages which a User may sustain pursuant to a User’s use of the Website, the content of the Website or any links on the Website.
5. A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these Terms or any applicable law or licensing requirements.
6. A User acknowledges and agrees that all implied representations and warranties which, but for these Terms, may apply in relation to a User’s use of the Website are excluded.
7. Notwithstanding anything to the contrary in these Terms, under no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of any services of any type, whether in delict, contract or otherwise resulting from the User’s use of the Website.
8. The Website may contain links or portals to other websites of third parties. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website, which a User utilises it its own risk
9. We make no representation or warranty (express or implied) that the Website or Services will: (i) meet a User’s needs; (ii) be accessible at all times; (iii) be accurate, complete or current; or (iv) be free from viruses.
10. Subject to any express terms, Pinnacle makes no representation or warranty as to the volume or subject area of Services accessible through the Website.
11. Except for any express warranties in these Terms, the Services are provided “as is”. Pinnacle makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement.
12. Pinnacle does not warrant that the use of the Website will be uninterrupted or error free, nor does Pinnacle warrant that we will review information for accuracy.
13. Pinnacle will not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems.

Clause 14          Address for Service

1. Pinnacle’s address for service of all notices and processes (including legal processes) arising out of these Terms will be Pinnacle’s Premises, marked for the attention of Hanre Bester.

2. The User’s address for service of all notices and processes (including legal processes) arising out of these Terms will be the address selected by the User when placing any Order.

3. Either Party may change their service address to any other physical address by way of written notice to the other and which change in address will come into effect 7 (seven) Business Days from such written notice.

Any notice given in terms of these Terms will be in writing and will be deemed to have been received by the addressee, unless the contrary is proved:

1. on the date of delivery, if delivered by hand during ordinary office hours to the party’s chosen service address; or

2. on the 1st (first) Business Day following the date of delivery, if delivered by recognised international courier service to the Party’s chosen service address.

Clause 15          Prescribed Information

In accordance with prescribed requirements of the ECTA and other legislation Pinnacle hereby discloses the information below.

Clause 16          Force Majeure

1. For the purpose of these Terms, “Force Majeure” means an event/s or circumstance/s which is/are not under the control of a Party, and which makes performance of such party’s (“Affected Party”) obligations under these Terms impossible or so impractical that it is considered impossible, including circumstances such as war, riots, civil disorder, terrorism, acts of Government or of a local authority, whether lawful or unlawful, earthquake, fire, explosion or flood, but will not include any event or circumstances which are caused by the negligence or inaction of a Party or such Party's subcontractors or agents or employees nor will it include lack of authorisations, licenses, permits or approvals necessary for the performance of these Terms and to be issued by the appropriate public authority.

2. In the event of either Party being so delayed or prevented from performing our obligations in terms of this paragraph 16, such Party will: (i) give written notice of such delay or prevention to the other party as soon as reasonably possible stating the commencement date and extent of such delay or prevention, the cause thereof and its estimated duration; (ii) use its Reasonable Endeavours to mitigate the effects of such delay or prevention upon the performance of our obligations under these Terms; and (iii) resume performance of its obligations as soon as reasonable possible after the removal of the cause of the delay or prevention.

3. The failure by the Affected Party to fulfil any of its obligations under these Terms will not be considered to be a breach of or a default under these Terms insofar as such failure arises from an event of Force Majeure.

4. The obligations affected by the Force Majeure event will, if required, be suspended, and the time for performance of such obligations will, subject to paragraph 5 below, be extended for so long as the Force Majeure persists, provided that the Parties will continue to use their respective Reasonable Endeavours to remove, resolve or minimise the event or circumstance giving rise to the Force Majeure.

5. If circumstances of Force Majeure continue for a period of 15 Business Days after the date of conclusion of a Contract, the Affected Party will be entitled to cancel a Contract.

Clause 17          Breach

Should either Party, commit a material breach of these Terms (“Defaulting Party”) and fail to remedy such material breachwithin 20 (twenty) Business Days after receiving written demand from the other Party (“Aggrieved Party”), then theAggrieved Party will be entitled, without prejudice to any other rights it may have in law or under these Terms, to: (i) cancel any Contract; (ii) claim immediate payment and/or specific performance by the Defaulting Party of all the Defaulting Party’sobligations.

Clause 18          General

1. These Terms constitutes the whole agreement between the Parties as to the subject matter thereof, and no amendment, alteration, addition, variation or consensual cancellation will be of any force or effect unless reduced to writing and signed by the Parties.

2. Neither Party to these Terms has given any warranty or made any representation to the other Party, other than any warranty or representation which may be expressly set out in these Terms.

3. You are not entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of these Terms, in whole or in part, to any other party or person without our prior written consent. Subject to CPA Regulation 44(3)(t), we will be entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of these Terms, in whole or in part, to any other party or person without your prior consent.

4. Wherever possible, each provision of these Terms will be interpreted in such manner as to be effective and valid under the applicable law but, if a provision of these Terms is prohibited by or invalid under the applicable law, such provision will be ineffective to the extent of such prohibition or invalidity only, without invalidating the remainder of such provision or the remaining provisions of these Terms.

5. No waiver on the part of either Party to these Terms of any rights arising from a breach of any provision of these Terms will constitute a waiver of rights in respect of any subsequent breach of the same or any other provision.

6. In the event that any of the terms of these Terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

7. Each Party warrants to the other Party that it has power, authority and legal right to perform in terms of these Terms and that their acceptance of these Terms have been duly authorised (where applicable) and constitutes valid and binding obligations on it in accordance with the terms of these

8. The Terms will continue indefinitely for so long as the Website remains accessible, as amended from time to time. The Termswill terminate upon the Website being disbanded. All rights and obligations which arose prior to the termination of these Terms will survive the Websites