IDA WHOLESALERS (PTY) LTD TERMS AND CONDITIONS
TERMS AND CONDITIONS OF SALE
1. Description of goods and services
IDA Wholesalers (Pty) Ltd specialises in eco-friendly, biodegradable health and cleaning products, with a focus on probiotic-based cleaning solutions. While we make every effort to provide accurate descriptions and pricing for our products on this website, we cannot guarantee that all information is completely error-free. If you receive goods that don’t match the description on our website, you can return them to us, and we will refund the full price along with the return shipping costs. All returns are subject to our Return & Refund Policy contained herein.
2. Pricing
2.1. All prices on this website are in South African Rand (ZAR) and include VAT unless otherwise stated, such as when VAT is not applicable because the company is not a VAT payer.
2.2. Prices may be updated from time to time, so please check for any changes before placing an order.
2.3. We can only confirm the final price of goods or services when an order is placed. However, we won’t charge more than the listed price unless there’s an obvious mistake.
2.4. IDA Wholesalers is not responsible for pricing errors caused by technical issues or unauthorised changes on the website.
2.5. We will inform affected customers as soon as we discover any pricing errors.
2.6. If goods or services are advertised at a discount, the price shown on the website will already reflect the reduced price.
2.7. Delivery and other costs will be clearly shown during checkout before you complete your order.
3. Agreement of Sale
3.1. A sale between IDA Wholesalers and the User is confirmed only when the User submits a completed order online, and IDA Wholesalers sends a confirmation. The sale is only finalised when payment is made and proof of payment is received by IDA Wholesalers. Until then, the goods remain the property of IDA Wholesalers.
3.2. Adding items to your shopping cart or Wishlist without completing the checkout process does not count as placing an order.
3.3. IDA Wholesalers will only process an order once payment has been authorised or received.
4. Payment
4.1. Payments for purchases can be made by credit card (Visa and MasterCard) or via electronic fund transfer (EFT) to IDA Wholesalers’ bank account, with details provided when you select EFT as the payment option.
4.2. For credit card payments, IDA Wholesalers uses PayFast (Pty) Ltd, the approved payment gateway for First National Bank. PayFast is Level 1 PCI Certified and uses strong encryptions for all transactions. For more information, visit www.payfast.co.za.
4.3. IDA Wholesalers does not store or handle your credit card details.
4.4. If paying via EFT, you must send confirmation of payment within 5 days of placing your order. We will not process any order until we receive proof of payment.
4.5. IDA Wholesalers may ask for additional information to verify your order or process your payment.
5. User’s cooling-off rights under section 44 of the ECT Act
5.1. Users have the right to cancel any purchase of goods within 7 days of receiving them, or any service agreement within 7 days of concluding it, without giving a reason and without any penalty.
5.2. The only cost the User may have to pay is the direct cost of returning the goods.
5.3. If the User has already paid for the goods or services, they will receive a full refund within 30 days of the cancellation.
5.4. However, the User cannot cancel a transaction under clause if it involves:
Goods for everyday consumption,
Goods that have been unsealed by the User,
Goods that may spoil or expire quickly.
6. Delivery
6.1. IDA Wholesalers will make every effort to deliver goods or services in a reasonable time and in good condition. However, since we rely on third-party couriers, we cannot guarantee exact delivery times.
6.2. Estimated delivery times start from when the goods leave our premises. Orders will be processed within 2 working days after you receive an email with your order number.
6.3. Deliveries are only made on business days. Weekend and after-hours deliveries are available by special request and will incur extra charges. For expedited delivery, contact us at admin@idawholesalers.com (this option is not available online)
6.4. IDA Wholesalers is not responsible for delays or losses caused by incorrect delivery information provided during checkout.
6.5. Delivery charges shown during checkout are final. Any delivery costs shown elsewhere on the website are estimates and can change without notice.
6.6. In compliance with the ECT Act, IDA Wholesalers must deliver orders within 30 days unless a different date is agreed upon with the User.
6.7. If delivery is not completed within the agreed time, the User can cancel the order with 7 days’ written notice, and IDA Wholesalers will issue a full refund.
6.8. Apart from clause 6.7, IDA Wholesalers is not liable for any direct or indirect losses due to late or failed delivery if it is not our fault.
6.9. Our Courier delivery options are as follows:
Regular Shipping – Home user small products: Basket Size (less than R550) standard rate of R95. Usually *2 – 3 Business days
Free Shipping – Home user small products: Basket Size (more than R550) Free. Usually *2 – 3 Business days
Regular Shipping – Professional medium weight: Basket Size (less than R1500) standard rate of R145. Usually *2 – 3 Business days
Free Shipping – Professional medium weight: Basket Size (more than R1500) Free Usually *2 – 3 Business days
Heavy Shipping – R150 * Qty Area dependent, pricing can vary. Please contact us to optimise the shipment order. Usually 2 – 3 Business days*
Combined basket (light & medium): If you have a combined basked that includes both small pack sizes and professional pack sizes then the shipping cost will default to the standard rate of R145 with free shipping for orders above R1500.
*Delivery estimates based on Major Centre’s, for non-major centres please expect and addition 1 to 7 days for delivery. The following are considered major centres. This list may be subject to change without notice: Cape Town, Johannesburg, Pretoria, Durban, Bloemfontein, Port Elizabeth, East London, Nelspruit, George, Kimberly, Pietermaritzburg, Polokwane, Rustenburg, Stellenbosch
We always strive to keep the costs as low as possible, but fuel prices and courier costs dictate what we need to charge. We hope you understand. Please expect delays during the festive season as couriers are inundated and aren’t always able to get deliveries out within the 2 to 3 working day lead time.
International deliveries can be arranged on special request. Unfortunately, because of the varied nature of international delivery costs our advertised rates or free delivery thresholds are only Valid for deliveries within South Africa
Please send us an email if you’re unsure of anything admin@idawholesalers.com
6.10. Orders not yet dispatched from the IDA Wholesalers showroom may be cancelled by the User by contacting IDA Wholesalers by email at admin@idawholesalers.com, and will be refunded without additional cost. Cancellations done after the order has been dispatched will be subject to the IDA Wholesaler Returns & Refund Policy herein.
7. Quality standards
7.1. IDA Wholesalers will do everything possible to ensure that the products sold on the website are:
Suitable for their intended use.
Of good quality, in working order, and free from defects.
Durable and usable for a reasonable time, based on normal use and conditions.
7.2. If any product does not meet these standards, upon notifying IDA Wholesalers, you may return it within 15 days of delivery. IDA Wholesalers will cover the cost of the return and any associated risk.
7.3. Once returned, you can choose to have the item replaced or receive a full refund for the purchase price.
7.4. IDA Wholesalers is not responsible for issues with the product if:
The product was altered by you or someone else against the manufacturers or our instructions.
The product complies with relevant regulations.
The defect or issue didn’t exist when the product was supplied.
You didn’t follow the instructions for use.
It would be unreasonable for IDA Wholesalers to have known about the defect or issue.
7.5. For complaints about product quality, please contact admin@idawholesalers.com
8. Limited Stock
8.1. If IDA Wholesalers is unable to fulfill an order because the goods or services have been discontinued or out of stock, we will promptly notify the User by email and/or post a notice on the website.
8.2. Any payments made for items that are out of stock or cannot be delivered will be refunded to the User within 30 days of the notification
9. Governing law
The laws of the Republic of South Africa will govern this agreement, including its interpretation and any disputes or legal matters arising from or related to it.
10. Dispute resolution
10.1. If any dispute arises between the parties to this agreement, it will be referred to arbitration and settled according to the rules of the Arbitration Foundation of Southern Africa (AFSA) by an appointed arbitrator.
10.2. The parties will agree on an arbitrator, but if they cannot agree within 10 days after arbitration is requested, any party can ask the AFSA chairperson to appoint one. The chairperson will prioritize a speedy resolution.
10.3. This clause doesn’t prevent any party from seeking urgent temporary relief from a court until the arbitration is resolved.
10.4. The arbitration will take place in Johannesburg, at a location agreed upon by the parties, conducted in English, and completed as quickly as possible.
10.5. The parties agree that the arbitrator’s decision will be final and binding, and it can be enforced by any court with jurisdiction over the matter.
11. Amendments to terms and conditions
11.1. IDA Wholesalers has the right to change these terms and conditions at any time.
11.2. Any updates or new terms will be posted on the website periodically.
11.3. Changes to this agreement will be effective from the date they are published.
11.4. It is the User’s responsibility to review any updated version of this agreement when they visit the website and before placing an order.
11.5. If the User disagrees with any changes, they must stop using the website and refrain from placing orders immediately.
12. Termination of this Agreement
If either party breaches any terms of this agreement, the other party has the right to:
Enforce the terms of the agreement and demand immediate payment of any amounts owed, or
Cancel the agreement.
If a breach occurs and the other party hires attorneys to demand payment or take legal action, the party in breach agrees to pay all legal costs and expenses incurred, including attorney-client fees. This ensures that the party harmed by the breach does not bear any legal costs
13. Communication
Users may receive operational and promotional emails from IDA Wholesalers related to their orders. These emails may include, but are not limited to, reminders, payment notifications, delivery updates, and feedback requests. Since these emails are automated, users cannot unsubscribe from them. However, if a user stops using the IDA Wholesalers website, these emails will automatically cease.
14. Communication
14.1. Users may not transfer, sub-license, or assign any rights they have under this agreement or obtained through using this website.
14.2. If any part of this agreement is found to be unenforceable for any reason, it will not affect the validity or enforceability of the remaining parts of the agreement.
14.3. This agreement, including any updated terms and conditions, represents the complete agreement between the User and IDA Wholesalers.
14.4. Not enforcing any part of these terms does not mean that IDA Wholesalers waives the right to enforce that provision later.
The User expressly acknowledges that they have ready these terms of service and understands the rights, obligations, terms and conditions set forth herein. By placing an order with IDA Wholesalers on the website and/or continuing to use this website the User expressly consents to be bound by these terms and conditions of sale.
Returns and Refund Policy
1. Returns
You can return items to IDA Wholesalers for any reason within 15 days of receiving your order, if you follow these guidelines:
Return Eligibility: To qualify for a return, the product must be in its original packaging, unused, and you must include a note explaining why you are unhappy with it. Please also provide the receipt or proof of purchase.
How to Start a Return: Email us at admin@idawholesalers.com to request a return. After we receive and inspect your returned item, we will email you to confirm whether your return is approved or rejected. If approved, we’ll provide you with a credit.
Return Shipping: Send your product to:
IDA Wholesalers
Inside Out Campus, Unit 14B
C/O Lenchen Avenue & Tshiomate Close
Centurion 0157
You will need to cover the shipping costs for returning the item, and these costs are non-refundable. If you receive a refund, the return shipping cost will be deducted from it. If the return is due to a faulty or damaged product, we will replace it at our cost and refund your return shipping expenses.
Packaging: Please pack your return securely to prevent damage during shipping. Make sure to clearly mark your order number on the outside of the package.
Conditions for Returns: We cannot accept returns after 15 days. Returns will only be accepted if:
The item is unopened and unused.
The item is undamaged.
The item is in its original packaging and can be resold.
If the product is returned in poor condition, your refund or replacement options may be affected, and you could incur additional fees.
2. Defective Products
Please check your order as soon as you receive it. If you find that an item is defective or damaged, contact us right away. You can return defective products to IDA Wholesalers under the following conditions:
Return Period: You have 15 days from the date you received the goods to return a defective item.
Return Shipping: If you return a defective product within the first 15 days, we will cover the shipping costs for the return. Inspection: Once we receive the returned item, we will inspect it to confirm whether it is defective. Our inspection decision is final and cannot be appealed.
Definition of a Defect: A defect is a significant flaw in the product that makes it less acceptable than expected. The following are not considered defects:
Damage from negligence, misuse, or improper handling.
Damage from electrical surges or corrosion from sea air.
Damage due to inadequate care.
Damage from unauthorized modifications.
Damage incurred during shipping.
Damage from improper storage.
Replacement or Refund: IDA Wholesalers reserves the right to either replace or refund any goods that are confirmed to be defective.
Replacement Timeline: If you receive a replacement, it will be sent within 10 days of us receiving the damaged goods. If we fail to provide a replacement within 30 days, you can request a full refund.
3. Exceptions/ non-returnable items
Unfortunately, we cannot accept returns on sale items or gift cards.
4. Fulfilment Error
Goods can be returned to IDA Wholesalers as a result of fulfilment errors subject to the following conditions:
Packaging: Please pack your products carefully and ensure they are upright.
Fulfilment Errors: Fulfilment Error returns occur when incorrect goods are delivered by IDA Wholesalers.
Reporting Time: You must report any Fulfilment Errors to us within 7 days of receiving the goods. Returns initiated after 7 days will not be accepted.
Return Collection: If incorrect goods were delivered, we will cover the shipping costs to collect them and either replace the items at our expense or issue a refund if replacements are not available (e.g., if items are out of stock).
Courier Responsibility: Once the goods are dispatched, the risk transfers to the User, and IDA Wholesalers cannot be held responsible for any issues with the courier service.
5. Refund Policy
5.1 Types of Refunds
We will notify you once we’ve received and inspected your return and inform you whether your refund has been approved. If approved, the refund will be processed automatically to your original payment method.
Refunds can be issued as either an In-store Credit or a Cash Refund.
In-store Credits:
Types: In-store credits can either be a credit assigned to your online profile or a voucher equivalent to the value of the returned goods in lieu of a cash refund.
Validity: In-store credits are valid for one year from the date of issue and can be exchanged for a cash refund at any time during that period.
Usage: You can use your in-store credit as part or full payment for purchases on our websites (www.idawholesalers.com, www.idapet.co.za, or www.idaclean.co.za).
Partial Use: If you partially use a voucher, you can request a new voucher for the remaining balance.
Transferability: In-store credits cannot be transferred to another user.
5.2 Refunds
All refunds are made within 15 days of return or cancellation being finalised.
Refunds can take up to 7 days to reflect depending on refund method
Refunds will be refunded to the method of payment originally used (e.g. if a card was used to pay for the original order, a refund will be made directly to the purchasing card)
5.3 Fees and Charges
Refunds may be subject to deductions as outlined in our returns policy.
No fees will be deducted from refunds for defective products.
If you cancel an order made through our online store, a 10% charge for administrative costs will be deducted from your refund. IDA Wholesalers reserves the right to cancel an order after payment has been received if there is insufficient stock or. If this happens, you will receive a full refund with no deductions.
If you’re not completely satisfied with your purchase, you can return it for a full refund or exchange it for another product within 15 days of delivery.
If you have used a product and it is found to be damaged or faulty, we will collect it at our expense and either replace it or issue a refund, depending on the situation.
We may charge a 10% administration fee for returned orders if the returns process incurs significant administrative costs.
5.4 Refunds of Gift Vouchers
Gift Vouchers will be refunded only to the original purchaser of the voucher
Gift Vouchers that have been used cannot be refunded
Gift Vouchers can only be refunded while they are valid. Expired gift vouchers will not be refunded.
5.5 General:
If returned goods do not follow this policy, you may have to cover the costs for IDA Wholesalers to collect the product from you and return it.
You cannot return goods without prior approval from IDA Wholesalers. To request a return, please email us at admin@idawholesalers.com
If you need to return goods at your own expense, you can either bring them directly to the IDA Wholesalers showroom or send them through a courier. Alternatively, you can request IDA Wholesalers to collect the goods from you, but you will be responsible for the collection cost.
TERMS OF SERVICE
OVERVIEW
This website is operated by IDA Wholesalers. When we refer to “we,” “us,” or “our,” we mean IDA Wholesalers. We offer this website, along with all its information, tools, and services, to you, the user, under the condition that you accept all the terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you agree to follow these terms and conditions (“Terms of Service” or “Terms”).
These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors. Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you don’t agree with all the terms, you cannot access the website or use our services. If these Terms are considered an offer, your acceptance is limited to these Terms only. Any new features or tools added to our store will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We may update or change these Terms, and it’s your responsibility to check this page periodically for any changes.
Continuing to use the website after changes are posted means you accept those changes. Our store is hosted on WooCommerce, which provides us with the online platform to sell our products and services to you.
If returned goods do not follow this policy, you may have to cover the costs for IDA Wholesalers to collect the product from you and return it.
You cannot return goods without prior approval from IDA Wholesalers. To request a return, please email us at admin@idawholesalers.com
If you need to return goods at your own expense, you can either bring them directly to the IDA Wholesalers showroom or send them through a courier. Alternatively, you can request IDA Wholesalers to collect the goods from you, but you will be responsible for the collection cost.
LEGALLY BINDING AGREEMENT
By accessing and using this website, you agree to be fully bound by the terms and conditions outlined below. If you do not agree to these terms and conditions, please stop using the website immediately.
Your acceptance of these terms creates a legally binding agreement between IDA Wholesalers (Pty) Ltd and you, the user. This agreement governs your use of the website.
The agreement includes these terms and conditions, the terms of sale, and the privacy notice, all of which are available on this website.
PRELIMINARY NOTICES IN TERMS OF THE CONSUMER PROTECTION ACT, 2008
2.1. According to Section 22(1) of the Consumer Protection Act, 2008, these website terms and conditions are written in clear and simple language.
2.2. If you have any questions or do not understand any part of these terms and conditions, please contact IDA Wholesalers at admin@idawholesalers.com.
2.3. Please note that certain terms and conditions in this document may include:
Limitations of risk or liability for IDA Wholesalers as the supplier of the goods or services offered on this website.
Assumptions of risk or liability by you, the user.
Indemnities in favour of IDA Wholesalers.
Acknowledgment of certain facts by you, the user.
DEFINITIONS AND INTERPRETATION
3.1. In this agreement, the following terms have the meanings assigned to them:
“CPA”: The Consumer Protection Act, 2008, as amended from time to time.
“ECT Act”: The Electronic Communications and Transactions Act, 2002, as amended from time to time.
“Intellectual Property Rights”: All patents, trademarks (registered or unregistered), service marks, design rights, copyrights, trade or business names, know-how, confidential or proprietary information, databases, software or code, and any changes or additions to these rights, whether or not registered or applied for registration anywhere in the world.
“IDA Wholesalers”: IDA Wholesalers (Pty) Ltd.
“you/the User”: Any person accessing and using this website.
“user account”: A profile created by a User on this website, accessible via a username and password.
“user agreement”: The binding agreement formed by the User’s acceptance of these terms and conditions, as amended from time to time.
“User Generated Content”: Any information, images, comments, posts, or other content created, uploaded, shared, published, or distributed by a User on this website, either directly or indirectly.
“username”: The unique identifier created by a User to access their user account.
“Website”: The website located at www.idawholesalers.com, including www.idapet.co.za and www.idaclean.co.za, as well as any sub-pages, content, and components. This excludes links to external websites not associated with IDA Wholesalers.
3.2. References in this user agreement:
The singular includes the plural and vice versa.
“Person/s” includes both natural and legal persons.
Any gender includes all genders.
3.3. Clause headings are for reference only and should not be used to interpret this user agreement.
3.4. Terms not specifically defined in Section 3.1 will be given their standard grammatical meanings. Terms and acronyms recognized in the information and communication technology industry will be interpreted according to their generally accepted meanings.
3.5. References to “days” refer to business days, excluding Saturdays, Sundays, and South African public holidays.
3.6. When calculating days, the first day is excluded, and the last day is included. If the last day is not a business day, the next business day is used.
3.7. If the deadline for an obligation or right falls on a non-business day, the due date moves to the next business day.
3.8. If an action must be performed on a specific day, it should be completed by 16:00 on that day.
3.9. No provision in this agreement should be interpreted to disadvantage a party simply because that party introduced it.
3.10. The term “include” means “include without limitation.”
3.11. Any request, claim, demand, or communication required to be in writing is satisfied if it is in the form of a data message, as defined in the ECT Act, and is accessible for future reference.
3.12. All amounts on this website include value-added tax (VAT), unless stated otherwise in cases where no VAT is charged because the supplier is not VAT registered.
DISCLOSURE OF INFORMATION IN TERMS OF SECTION 43 OF THE ECT ACT
Website Owner: IDA Wholesalers (Pty) Ltd
Legal Status: A private company with limited liability, duly incorporated in South Africa.
Registration Number: 2021/123229/07
Registered Office Address:
Inside Out Campus,
Unit 14B,
C/O Lenchen Avenue & Tshiomate Close,
Rooihuiskraal North,
Centurion, 0157
South Africa
Physical Business Address:
Inside Out Campus,
Unit 14B,
C/O Lenchen Avenue & Tshiomate Close,
Rooihuiskraal North,
Centurion, 0157
South Africa
(This address serves as the designated location for receiving all documents and notices under this User Agreement.)
Telephone Number: (012) 880 0572
NO OFFER
Users should regard nothing contained in this website as an offer but rather as an invitation to do business.
ACCESS AND USE OF THIS WEBSITE
6.1. License Grant: If you comply with these terms and conditions, IDA Wholesalers gives you a limited, non-exclusive, non-transferable, and non-sublicensable license to access this website and use its content for personal, non-commercial purposes.
6.2. Restrictions: This license does not allow you to resell or use the website or any of its content (including product listings, descriptions, or prices) for commercial purposes, nor does it permit you to create derivative works based on the content.
6.3. Content Use: You may not reproduce, sell, or exploit any content on this website for commercial purposes without prior written consent from IDA Wholesalers.
6.4. Cookies: Third-party vendors, such as Google, use cookies to display ads based on your previous visits to this website or other sites online.
6.5. Opt-Out: You can opt out of the DoubleClick cookie for interest-based advertising by visiting www.aboutads.info.
AVAILABILITY OF THE WEBSITE
7.1. Website Access: IDA Wholesalers will make reasonable efforts to keep the website available 24/7 with minimal disruptions, but it cannot guarantee uninterrupted access.
7.2. Liability Disclaimer: IDA Wholesalers is not liable for any loss or damage incurred by you or any third party due to the website being unavailable or experiencing disruptions.
7.3. Access Rights: IDA Wholesalers reserves the right to refuse, limit, suspend, or interrupt access to the website or any part of it at its sole discretion, without notice and for any reason.
7.4. User Prohibition: IDA Wholesalers may prevent any User from accessing or using the website if they violate these terms and conditions or for any other lawful reason.
ACCEPTABLE USE OF THE WEBSITE
8.1. Age Requirement: The website is intended for use by individuals who are 18 years of age or older. Users under 18 may access the website only with the assistance or supervision of a parent or guardian.
8.2. User Warranties: By accessing and using this website, Users agree not to:
Intentionally access or intercept any data on the website without proper authorization or permission.
Interfere with any data on the website in a manner that modifies, destroys, or renders it ineffective.
Take any action that imposes or may impose an unreasonable or disproportionately large load on IDA Wholesalers’ web servers or impairs the website’s functionality.
Use any device or software designed to circumvent security measures protecting the website’s data or attempt to unlawfully gain access to or interfere with data on the website through means such as unauthorized usernames, passwords, or access codes.
Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content from the website (excluding User Generated Content) without prior written consent from IDA Wholesalers.
Impersonate another person or use a false or unauthorized username or password to create a false identity or misrepresent the origin of communications.
Make available or upload content that is not owned or licensed by the User.
Use the website to collect, harvest, or otherwise obtain personal information about other users.
Utilize any application, including but not limited to robots, spiders, or other automated devices, to monitor, copy, distribute, or modify the website or its content without prior written consent from IDA Wholesalers, except for the provided search facility.
Cache any data from the website unless:
The caching is intended to improve the efficiency of content transmission.
The cached content is not altered in any way.
The cached content is refreshed at least every 12 hours.
The cached content is removed or updated as required by IDA Wholesalers.
8.3. Access Refusal: IDA Wholesalers reserves the right to refuse further access or use of the website to any person who violates the provisions of this section.
8.4. Additional Provisions: The acceptable use provisions in this clause may supplement any further acceptable use policies related to specific services offered by IDA Wholesalers on the website.
USER GENERATED CONTENT
9.1. Posting and Monitoring: Users may post user-generated content directly on the website, which is not pre-screened or approved by IDA Wholesalers. While IDA Wholesalers has the right, but not the obligation, to monitor, edit, or remove any activity or content on the website, it does not guarantee the review of such content.
9.2. Responsibility and Rights: IDA Wholesalers accepts no responsibility for any user-generated content. However, it reserves the right, at its sole discretion, to delete any content that is found to be unlawful or in violation of these terms and conditions.
9.3. Non-Endorsement: IDA Wholesalers does not endorse any opinion, statement, recommendation, comment, reply, review, or advice expressed in user-generated content and expressly disclaims any and all liability to individuals who rely on or act according to such content.
9.4. License to Use: Any user-generated content posted or transmitted by a User to or via the website shall be deemed non-confidential and non-proprietary. The User grants IDA Wholesalers a non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media.
9.5. Warranties: Users who post user-generated content warrant that they own or are authorized to exercise the rights to such content. They further warrant that any posted content will be accurate and will not cause injury or harm to any person or entity.
9.6. Indemnification: Users indemnify IDA Wholesalers against all claims arising from user-generated content that is found to be infringing or harmful.
9.7. Prohibited Material: Users shall not post, distribute, or transmit any material to or from the website that:
Is illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, or otherwise harmful or objectionable.
Consists of or contains commercial solicitation, political campaigning, chain letters, mass mailings, or any form of unsolicited or bulk communications.
Constitutes hate speech or is likely to incite violence.
Is racist, sexist, homophobic, sexually explicit, abusive, or otherwise objectionable.
Encourages conduct that would be deemed a criminal offense, or condones or promotes unlawful activity.
Is technically harmful, including but not limited to computer viruses, logic bombs, Trojan horses, worms, corrupted data, or other malicious software.
Infringes the rights of any other person.
9.8. Reporting Non-Compliance: If an individual believes that any user-generated content published or transmitted on or from the website does not comply with these standards or infringes their rights, they must immediately contact IDA Wholesalers at admin@idawholesalers.com.
PERSONAL INFORMATION
IDA Wholesalers will take all reasonable measures to safeguard the personal information of users. For the purposes of this clause, “personal information” is defined in accordance with the Promotion of Access to Information Act 2 of 2000 (PAIA). Your provision of personal information through the store is subject to our Privacy Policy.
DISCLAIMERS
11.1. This entire website, excluding text, images, links, downloads, and coding, is provided on an “as is” and “as available” basis. IDA Wholesalers makes no representations or warranties, express or implied, regarding the accuracy or suitability of the website or the information contained within it.
11.2. Subject to Chapter 7 of the ECT Act, IDA Wholesalers, along with its officers, directors, affiliates, and agents, shall not be liable for any damages, losses, or liabilities incurred by any party arising from the use or inability to use this website.
11.3. To the fullest extent permitted by applicable law and in accordance with Chapter 7, IDA Wholesalers disclaims all responsibility for any damages, including, but not limited to, direct, economic, consequential losses, or loss of profits arising from the use of the website in any manner.
11.4. IDA Wholesalers does not control any user-generated content, or any third-party information, advertisements, features, or other materials (“third-party content”) published on or accessible from this website. IDA Wholesalers does not review or edit any third-party content and does not act as an agent for such content. Therefore, to the fullest extent permissible under law, IDA Wholesalers disclaims any liability for any loss or damage resulting from the use of any third-party content.
INDEMNITY
Users agree to indemnify and hold harmless IDA Wholesalers, along with its officers, directors, employees, ISPs, agents, subcontractors, partners, subsidiaries, and affiliates, from any claims, demands, actions, applications, or other legal proceedings, including attorney fees and related costs, brought by any third party. This indemnification applies to any claims arising from or related to the users’ breach of this agreement, their improper use of the website or any content or services provided by the website, or their violation of any law or the rights of any third party.
ELECTRONIC COMMUNICATION
13.1. Users consent to the use of electronic communications for placing orders and entering into contracts with IDA Wholesalers. They also agree to the electronic delivery of notices and the electronic retention of records for transactions initiated or completed through the website.
13.2. Electronic communications, including emails, SMS, and instant messages sent by Users to the website or to IDA Wholesalers, will be considered received only when acknowledged or responded to by IDA Wholesalers or its representatives.
13.3. Electronic communications sent by IDA Wholesalers will be deemed received when the complete message enters an information system designated for that purpose by the User and is accessible for retrieval and processing by the User.
MONITORING AND INTERCEPTION OF DATA MESSAGES
14.1. To provide a relevant and secure service, and as required by law, IDA Wholesalers may monitor and/or intercept electronic communications sent to the website. However, there is no obligation to monitor communications as a general practice.
14.2. Users acknowledge their awareness of potential monitoring and/or interception of communications and consent to such actions.
14.3. In instances where IDA Wholesalers is legally required to intercept communications in accordance with the Regulation of Interception and Provision of Communication-Related Act, 2003, any interception will be conducted strictly in compliance with the provisions of that Act.
14.4. The User acknowledges that IDA Wholesalers acts solely as a conduit and/or host for user-generated content on the website (where applicable) and has no knowledge of or interest in such user-generated content hosted or published on the site.
DATA PROTECTION AND SECURITY
15.1. IDA Wholesalers implements reasonable security measures consistent with generally accepted industry standards to safeguard the data on this website. However, IDA Wholesalers will not be liable for any damages resulting from malicious use of the website or the introduction of destructive data or code that may be transmitted to Users through the site.
15.2. The following activities in connection with this website are expressly prohibited:
Gaining or attempting to gain unauthorized access to the website or any web page that is part of the site.
Delivering or attempting to deliver any unauthorized or malicious code or content to the website.
Amending or attempting to amend any content or other part of the website by unauthorized individuals.
15.3. IDA Wholesalers will pursue legal action and seek compensation from any individual who delivers or attempts to deliver destructive code to the website or who attempts to gain unauthorized access to any part of the site.
15.4. All usernames and passwords assigned to Users are personal and confidential. Users are responsible for any loss or damage incurred by themselves, IDA Wholesalers, or any third party due to actions taken by the User or by any other individual to whom the User has disclosed their username and password. Users must notify IDA Wholesalers immediately if they suspect that another person has gained access to their username and/or password.
15.5. Users authorize IDA Wholesalers to act on any requests or instructions received that appear to have been sent by them, even if it later becomes evident that such requests or instructions were fraudulently submitted by another individual. This authorization remains valid unless the User notifies IDA Wholesalers of any fraudulent activity upon becoming aware of it, and before IDA Wholesalers has acted on the request or instruction.
15.6. If there is a reasonable belief that security violations have occurred in connection with a User’s account, IDA Wholesalers will promptly notify the User and take reasonable measures to suspend the account and/or modify the relevant details.
15.7. IDA Wholesalers employs standard backup procedures for data entered into and/or utilized with this website. In the event of any loss or damage to data, IDA Wholesalers will make reasonable commercial efforts to restore the lost or damaged information from the most recent backup maintained by the company. However, IDA Wholesalers shall not be liable for any loss, destruction, alteration, or disclosure of information that occurs through no fault of its own.
INTELLECTUAL PROPERTY PROTECTION
16.1. All intellectual property rights pertaining to the content, images, software, source code, databases, and other original materials featured on this website, except where explicitly attributed to a third party, are owned by or licensed to IDA Wholesalers. IDA Wholesalers asserts and reserves all such rights, including moral rights.
16.2. IDA Wholesalers grants Users a personal, non-exclusive, non-assignable, and non-transferable license to use, print, and display all content on this website solely for personal and non-commercial purposes.
16.3. Any use of content or any other part of this website protected under copyright must include the following notice: “© IDA Wholesalers [insert year in which content is copied]. All rights reserved.”
16.4. If a User believes that this website infringes on any third party’s intellectual property rights, they must notify IDA Wholesalers immediately, providing full details of the alleged infringement.
16.5. Users seeking to utilize any content for commercial purposes must obtain prior written permission from IDA Wholesalers.
ADVERTISING, PROMOTIONS, AND COMPETITIONS
17.1. This website may feature advertisements from third parties. These advertisers are solely responsible for ensuring that any advertising material submitted for inclusion complies with all applicable laws and regulations.
17.2. To the fullest extent permissible by law, IDA Wholesalers disclaims any responsibility or liability for errors or inaccuracies found in third-party advertising material.
17.3. This website may occasionally host competitions and other promotional events, which will be subject to additional terms and conditions made available to users and/or entrants at the relevant time.
HYPERLINKS, DEEP LINKS, FRAMING & METADATA
18.1. Prior written permission from IDA Wholesalers is required before any deep-linking to or framing of this website, its pages, or any content contained within is conducted. Such permission may be subject to certain conditions.
18.2. Permission to link to this website is granted by IDA Wholesalers without assuming any liability. IDA Wholesalers reserves the right to revoke this permission at any time and for any reason.
18.3. Hyperlinks on this website that lead to external websites or users are provided without any warranties or endorsements regarding the content, suitability, accuracy, or security of the linked site. IDA Wholesalers does not control or edit the content of these external sites and disclaims all liability, direct or indirect, arising from the use or inability to use any linked site. Accessing such external websites is solely at the User’s risk.
18.4. Users are prohibited from using any meta tags or other “hidden text” that is identical to or similar to the name of IDA Wholesalers, its trademarks, or the names or trademarks associated with its proprietary products and services without the express written consent of IDA Wholesalers.
GOVERNING LAW
19.1. This agreement, its interpretation, and any matters or litigation arising in connection with it will be governed by the laws of the Republic of South Africa.
19.2. This website is owned, hosted, and maintained within the Republic of South Africa.
19.3. By using this website and agreeing to these terms and conditions, such use and agreement are deemed to have occurred in Centurion, South Africa.
DISPUTE RESOLUTION
20.1. Any disputes arising between the parties to this agreement shall be referred to arbitration and resolved according to the Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an appointed arbitrator.
20.2. The parties shall mutually agree on an arbitrator; if no agreement is reached within ten (10) days after arbitration has been demanded, any party to the dispute may request the current chairperson of AFSA to make the appointment, considering the need for a swift arbitration process.
20.3. Nothing in this clause shall prevent any party from seeking interim relief on an urgent basis from a competent Court while awaiting the arbitrator’s decision.
20.4. The arbitration will take place in Johannesburg at a venue mutually agreed upon by the parties in writing and will be conducted in English, with the aim of being completed as quickly as practically possible.
20.5. The parties irrevocably agree that any award made by the arbitrator shall be final and binding and may be entered as an order in any Court of competent jurisdiction to which the parties are subject.
AMENDMENT OF THESE TERMS AND CONDITIONS
21.1. IDA Wholesalers reserves the right to amend any of the terms and conditions outlined herein at any time.
21.2. An updated version of this agreement, including any amended or new terms and conditions, will be posted on the website periodically.
21.3. Any amendments made to this agreement shall become binding and enforceable from the date of publication.
21.4. The User agrees that it is their responsibility to review any amended version of this agreement when accessing the website and before continuing to use it.
21.5. If the User objects to any amendment that is binding or may become binding upon them, the User must immediately cease accessing and using the website.
TERMINATION OF THIS AGREEMENT
22.1. IDA Wholesalers reserves the right, at its sole discretion and with prior notice, to terminate this agreement if:
IDA Wholesalers deems any action or inaction by a User as an abuse of the website or any associated services or content.
Events beyond IDA Wholesalers’ reasonable control, including technical failures, hinder the ongoing provision of this website.
22.2. In the event of a breach of any terms and conditions of this agreement by either party, the other party shall have the right, without prejudice to any other legal rights, including the right to claim damages:
To enforce the relevant provisions of this agreement and claim immediate payment of any amounts due, or
To cancel this agreement.
22.3. Should either party breach this agreement, and the other party engages attorneys to demand compliance or initiate legal proceedings, the breaching party shall be liable for and agrees to pay all legal costs and disbursements incurred, including attorney-client costs, ensuring that the aggrieved party does not incur any liability for legal expenses due to the other party’s breach.
GENERAL
23.1. Users may not assign, sub-license, or otherwise transfer any rights they hold under this agreement, or those acquired using this website.
23.2. If any part of this agreement is found to be partially or fully unenforceable for any reason, it will not affect the application or enforceability of the remaining provisions of this agreement.
23.3. This agreement, along with any amended terms and conditions, constitutes the complete record of the agreement between the User and IDA Wholesalers.
23.4. The failure to enforce any provision of these terms and conditions does not constitute a waiver of that provision or the right to enforce it in the future.
The User acknowledges that they have read these terms of service and understands the rights, obligations, terms, and conditions set forth herein. By continuing to use this website, the User explicitly consents to be bound by the terms and conditions stated herein.