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Terms & Conditions


TERMS OF USE OF THE NEO TECHNOLOGIES WEBSITE


Agreement

Welcome to Neo Technologies(www.neo.co.za) and Neo Technologies (PTY) Ltd (Neo). For ease of reference the parties will jointly be referred to as “Neo” / “we” / “us”. All affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using the Neo Technologies website (www.neo.co.za) and/or registering to shop on Neo Technologies(www.neo.co.za) , you confirm that you have familiarised yourself with the terms and conditions governing the conduct of parties accessing or using the Neo Technologies website (www.neo.co.za) to trade and that you agree to be bound by these terms and conditions.

Should you not agree to the terms and conditions stipulated, you may not use the Neo Technologies website (www.neo.co.za).

Your access to the Neo Technologies website (www.neo.co.za) and use of any services provided by Neo Technologies website (www.neo.co.za), including any purchases, are subject to terms and conditions established under the following headings.

• Terms of Use of the Neo Technologies website (www.neo.co.za)
• Terms of Trade with Neo Technologies website (www.neo.co.za)
• Privacy and Security Statement
• Intellectual Property Statement
• Dispute Resolution
• Compliance with Statutory Consumer Protection provisions
• Contact Information

Terms of Use of Neo Technologies website (www.neo.co.za)

Neo grant you a limited license to access and make personal use of the Neo Technologies website (www.neo.co.za). You are not allowed to modify the website (other than page caching) or any portion thereof without the prior written consent of Neo.

This license does not permit any resale or commercial use of the Neo Technologies website (www.neo.co.za) or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Neo Technologies website (www.neo.co.za) or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

The Neo Technologies website (www.neo.co.za) or any portion of the Neo Technologies website (www.neo.co.za), may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of Neo.

You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Neo Technologies Operators without prior written consent.

You may not use any meta tags or any other “hidden text” utilising the Neo Technologies website (www.neo.co.za) name or trademarks associated with the Neo Technologies website (www.neo.co.za) name without the prior written consent. Any unauthorised use terminates the permission or license granted by Neo.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Neo Technologies website (www.neo.co.za) so long as the link does not portray Neo Technologies, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Neo Technologies website (www.neo.co.za) logo or other proprietary graphic or trademark owned by Neoor those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.

Neo Technologies website (www.neo.co.za) may provide links from the Neo Technologies website (www.neo.co.za)to other websites which may offer services to you. Neo are not responsible for evaluating the content or offerings made on these websites. Neo do not endorse or warrant the offerings of any of the businesses or individuals, nor are they responsible for the content of the websites to which links may be provided, nor that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to Neo for any dealings with any other websites accessed through links provided by Neo Technologies website (www.neo.co.za) and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Neo Technologies website (www.neo.co.za) is provided by Neo on an “as is” and “as available” basis. Neither directors, employees, officers, suppliers, or service providers make any representations nor warranties of any kind, express or implied, as to the operation of the Neo Technologies website (www.neo.co.za) nor the information, content, materials, or products included on the website. You expressly agree that your use of the Neo Technologies website (www.neo.co.za) is at your sole risk.To the full extent permissible by South African law, directors, employees, officers, suppliers, or service providers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose. Neo do not warrant that the Neo Technologies website (www.neo.co.za) website, its servers, or any e-mail sent from Neo Technologies website (www.neo.co.za) are free of viruses or other harmful code. Neo will not be liable for any damages of any kind arising from the use of the Neo Technologies website (www.neo.co.za), including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

In no event will directors, employees, officers, or their suppliers or service providers be liable for lost profits or any special, incidental or consequential damages arising out of, or in connection with, the use of the Neo Technologies website (www.neo.co.za), their services or this agreement (however arising, including negligence). The liability of the directors, employees, officers, suppliers, and service providers to you, or any third parties, in any circumstance is limited to R5 000.00.

Applicable law

The Neo Technologies website (www.neo.co.za) website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with Neo Technologies website (www.neo.co.za).

TERMS OF TRADE WITH Neo Technologies website (www.neo.co.za)

Invitation to do business

The products or services which appear on the Neo Technologies website (www.neo.co.za) website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services to Neo Technologies website (www.neo.co.za). Only when Neo have communicated acceptance of your offer and capability to fulfill the order will an enforceable agreement of sale be transacted. This communication of acceptance from the Neo Technologies Operators can only be communicated to you once we have confirmed stock and pricing from our suppliers.

The price of any products or services sold through Neo Technologies website (www.neo.co.za) shall be confirmed on the acceptance of your order. Despite our best efforts, a small number of the products or services offered on the website may be mis-priced.

•If the correct price is lower than our stated price, we will charge the lower amount provided that the price difference is not too high.
•If the correct price is higher than our stated price, we will be entitled to adjust the price to reflect the correct value.

IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the Neo Technologies website (www.neo.co.za), the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with Neo Technologies website (www.neo.co.za). You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services.

Place and time of agreement

Agreement as to the terms of use of the Neo Technologies website (www.neo.co.za) shall be deemed to have be accepted by you at the time that you first accessed the Neo Technologies website (www.neo.co.za) and thereafter confirmed each time that you access the Neo Technologies website (www.neo.co.za).

Agreement to use the Neo Technologies website (www.neo.co.za) and those governing all transactions that may be effected using the Neo Technologies website (www.neo.co.za) shall be deemed to have taken place in Pretoria.

All communications with Neo Technologies website (www.neo.co.za) facilitated by the Neo Technologies website (www.neo.co.za) website, the Neo Technologies (Pty) Ltd call center, or email communicated between you and the Neo Technologies Operators shall be deemed to have been received, in the case of communications initiated by Neo Technologies website (www.neo.co.za), when the communication leaves the Neo Technologies website (www.neo.co.za) or email server, and in the case of communications initiated by you, when it is received on the Neo Technologies website (www.neo.co.za) or email server. Acceptance by Neo of an order placed by you shall be deemed to have been made and an agreement entered into, when communication of the acceptance leaves the Neo Technologies website (www.neo.co.za) or email server.

Backorders

Due to the popularity of some products or services, Neo may not always have a products or services ordered by you in stock. Neo will accept orders for out of stock products or services to ensure that you will be able to receive the item once it becomes available. If the products and services ordered by you are not available or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you. Backorders will not be kept for over 3 weeks.

Electronic communications

When you visit Neo Technologies website (www.neo.co.za) or send e-mails to us, you are communicating with use electronically. You consent to receive communications from us electronically. Neo will communicate with you by e-mail or by posting notices on Neo Technologies website (www.neo.co.za)You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to the Neo Technologies website (www.neo.co.za) website and transactions concluded using the Neo Technologies website (www.neo.co.za) website, as well as your intent to enter into any transaction on Neo Technologies website (www.neo.co.za), may be evidenced by any action by you from which this may reasonably be inferred.

Transaction History

The transaction history may be accessed by a registered customer on the Neo Technologies website (www.neo.co.za) and is provided for information purposes only. This transaction history will show purchase transactions only and will not reflect refunds or other transactions. For a full and accurate transaction history, the Neo Technologies (www.neo.co.za) debtors department can be contacted. The details of such debtors department are available on the Neo Technologies website (www.neo.co.za). If required the debtors department will provide you with a faxed copy of your statement. Neo Technologies (www.neo.co.za) shall not retain a transaction history for a period in excess of 1 (one) year.

Disclaimer of warranties and limitation of liability and applicable law

The provisions of the Disclaimer of warranties, Limitation of liability and Applicable law relating to the use of the www.neo.co.za website apply equally to the remainder of this agreement.

Returns Policy

This returns policy forms part of our standard terms and conditions of use.

Warranty support - computers and electronics

All computers and electronic products sold by Neo Technologies(www.neo.co.za) carry their full manufacturer’s warranty as stipulated by the official South African distributor, unless otherwise stated. Products under warranty are sent to the relevant supplier or manufacturer for repair or replacement. Such manufacturer guarantee is restricted to the costs of repair or replacement of faulty goods or refund of the purchase price at the solediscretion of Neo Technologies (www.neo.co.za) and its suppliers after investigation and/or testing of goods.

Guarantees are immediately null and void if equipment has been tampered with, warranty stickers have been removed, and seals on equipment have been broken by anyone other than the suppliers or manufacturer’s representative.

Please note: No writable media such as CD-R, CD-RW, DVD-RW may be returned under an electronic hardware manufacturer guarantee.

Faulty products

If a product is faulty, you need to let us know within 7 days of receiving it, and before returning it to us. We will gladly make arrangements for the faulty product to be returned to us for testing. If no fault is found, the product will be returned back to you at your cost. Should the unit prove to be faulty, depending on the fault and the product supplier, we may offer you a replacement unit.

For any circumstances, you discover that a product is faulty and is over our 7 day return period and is less than 6 months from the time you received it, we will make arrangements for the damaged product to be returned to us for testing. If no fault is found, the product will be returned back to you at your cost. Should the unit prove to be faulty or damaged, depending on the fault and the product supplier, we may send the unit in for repairs alternatively we may offer you a replacement unit.

Should for any unfortunate reason, you discover that a product is faulty for a second time with the same issue, we will gladly make arrangements for the damaged product to be returned to us for us to repair the product again, alternatively, we can replace the faulty unit with a new unit, provided that the specification are identical or we will happily refund you.

Please check all products delivered to you and do NOT accept delivery of any product that is visibly damaged. Should you accept a product and only later discover that the product is damaged, you need to report this to Neo Technologies (www.neo.co.za) within 24 hours, so that we can access if the product damage occurred post delivery.

Faults resulting from normal wear and tear, including products that have been damaged or altered in any way either by you, or anyone that is not an employee of Neo Technologies website (www.neo.co.za) or the products manufacturer, will not result in any product repair, replacement or refund.

Due to illegal copyright infringements caused by the illegal copying of data, faulty CDs, DVDs, videos, audio tapes, software, games and printer consumables, these products will only be replaced with another copy of the same product and will not be refunded.

Returns

If on receiving your order you are not satisfied with your purchase, let our customer service team know within 7 days and we will gladly collect and provide you with a refund, minus the delivery cost, provided the product is in its original condition and original packaging, and has not been opened or used in any way.Unfortunately should the product be returned to us and has been opened and/or used in any way, we will offer you a refund minus a 25% handling fee.

For any circumstances, you wish to return your purchase and it is over our 7 day return period and is less than 6 months from the time you received it, we will gladly collect and provide you with a refund, minus the delivery cost, provided the product is in its original condition and original packaging, and has not been opened or used in any way. Unfortunately should the product be opened or used in any way, you may not return the product to us nor can we offer you a refund.

No returns, refunds or exchanges will be accepted 6 months after the date of purchase.

Special offers and demo products

If you would like to return a product purchased on “special” and such product price is still valid, let our customer service team know within 7 days and we will gladly collect and provide you with a refund to the amount it was purchased at, minus the delivery cost, provided the product is in its original condition and original packaging, and has not been opened or used in any way. Unfortunately should the product be returned to us and has been opened and/or used in any way, we will offer you a refund minus a 25% handling fee.

If for some reason you would like to return a product purchased on special, and is over 7 day return period but is within 6 months from the date of order.

Should you wish to return a product purchased on “special” and such product is no longer available at this sale price, let our customer service team know within 7 days and we will gladly collect and provide you with a refund to the amount it was purchased at, minus the delivery cost, provided the product is in its original condition and original packaging, and has not been opened or used in any way. Unfortunately should the product be returned to us and has been opened and/or used in anyway, we will offer you a refund minus a 25% handling fee.

Please note that if you have purchased a demo unit, we are unable to give you a refund. All demo units are tested before going on sale. Should the product be faulty, you need to let us know within 7 days of receiving it, and before returning it to us. We will gladly make arrangements for the faulty product to be returned to us for testing. If no fault is found, the product will be returned back to you at your cost. Should the unit prove to be faulty, we will send the unit in for repairs. No refunds or exchanges are offered on demo units.

Products shipped in error

If you receive a product that is different to the one you ordered, you need to contact us within 24 hours of receiving it. We will make arrangements for the product to be returned to us and correct product to be delivered to you as quickly as possible. If the incorrect product is delivered to you do not remove the product from its original packaging, open or use the product in any way. If the product is opened or use in any way and is not in mint condition, you willbe liable for a 25% handling fee.

Under no circumstances will Neo Technologies (www.neo.co.za) be held liable for any damage arising from any misuse or abuse of the goods, including any data loss whatsoever from storage media returned for exchange or repair.AMENDMENT TO TERMS AND CONDITIONS

Neo may amend the terms and conditions governing access to the Neo Technologies website (www.neo.co.za) as well as trade using the website. Neo shall, prior to the amendments of the terms and conditions, give registered purchasers and any third parties to whom this agreement may apply notice of the amendments by email, or by posting the notice of such amendments on the Neo Technologies website (www.neo.co.za). Your continued use of the site however, will be regarded as an acceptance of the amended terms and conditions.

PRIVACY AND SECURITY STATEMENT

Neo know that you care how your personal information may be collected, processed and used; we appreciate your trust that Neo will do so carefully and sensibly. This notice describes the Neo Technologies (www.neo.co.za) privacy policy. By visiting Neo Technologies website (www.neo.co.za), you are accepting the practices described in this Privacy and Security statement.

•Information You Give Us: We receive and store information you enter on the Neo Technologies website (www.neo.co.za) website or that you may provide on Neo Technologies website (www.neo.co.za) in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
•Automatic Information: From Neo Technologies website (www.neo.co.za) receives and stores certain types of information whenever you interact on the Neo Technologies website (www.neo.co.za) or communicate with Neo Technologies (www.neo.co.za) by email. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your web browser accesses Neo Technologies (www.neo.co.za).
•By providing the information to Neo Technologies (www.neo.co.za) you consent to Neo collecting maintaining, storing and processing the information, provided that Neo shall:1.not disclose your personal information to a third party other than to effect the transactions agreed to in using the Neo Technologies website (www.neo.co.za) without obtaining your express consent to do so;
2.only disclose your personal information, without your consent, if legally required to do so;
3.be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.

•Neo shall own and retain all rights to non-personal statistical information compiled by it.
•While Neo and their affiliates shall take commercially reasonable care to safeguard the information provided by you on Neo Technologies (www.neo.co.za) from unauthorized access or disclosure, Neo do not represent or guarantee that the safeguards will provide absolute protection.

Neo shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in this agreement, unless agreed with you to the contrary, in writing.

INTELLECTUAL PROPERTY STATEMENT

Copyright in any information or trademarks displayed anywhere on the Neo Technologies website (www.neo.co.za) are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by Neo or by the original creator of the materials, or by suppliers and service providers to the Neo Technologies website (www.neo.co.za). None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described on the Neo Technologies website (www.neo.co.za) or with the prior written permission . All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Neo Technologies website (www.neo.co.za) may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

DISPUTE RESOLUTION

Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, shall be settled by the online dispute resolution process in accordance with the Trust Enforce.org Mediation and Arbitration rules, which rules are deemed to be incorporated by reference into this clause and may be accessed at www.trustenforce.org. For all disputes regardless of where they arise, the place of the arbitration is deemed to be Pretoria. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English.

For the purposes of any arbitration and service of any legal documentation:

•you choose the email address elected by you to receive delivery of the products and
•Neo chooses 34 Flora Park, Church street ext., Pretoria West.

By using the Neo Technologies website (www.neo.co.za) and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.

COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS

Neo adhere to the provisions of Chapter VII of the Electronic Communications and Transactions Act25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the Neo Technologies website (www.neo.co.za), as well as the information required in terms of the Act, are provided for your reference.

Return of products or cancellation of service agreements

Neo shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within ten days of the date of receipt by you of the products or the conclusion of an agreement to provide services.

Exclusions from return of products or cancellation of service agreements

The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:

•any products and services are acquired by auction;
•the supply of products which comprise foodstuffs, beverages, or other goods intended for everyday consumption at the home or workplace of the customer;
•to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
•where the price of the products or services depend on fluctuation in financial markets beyond the control of the Mall Operators;
•where the products are personalised or made to the customers specifications;
•where the products are perishable or will expire rapidly;
•where the products by reason of their nature cannot be returned;
•if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
•the sale of reading material in whatever form;
•the provision of any gaming or lottery services;
•the provision of accommodation, travel, transport, catering or leisure services if Neo or its agents or suppliers undertake to provide these services on a specific date or within or for a specific period.
•the product is a voucher of any kind

Customers obligations on return of products and services

If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within ten days of the receipt of the products or services, the customer shall return to Neo or their authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by Neo or their agents, to the customer as well as an indication of the customer’s choice to cancel the transaction.

The customer shall refund to Neo all direct expenses incurred by Neo or their authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by Neo or their authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.

Neo Technologies’ (www.neo.co.za) obligations on return of the products and services

Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services, Neo or their authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to Neo as provided for above.

Disclosures in terms of section43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.

Directors: Joyce Opperman

Registered Office: 34 Flora Park, Church Street Ext, Pretoria

Physical Address: same

Website address : www.neo.co.za

E-Mail address: sam@neo.co.za

Self regulatory or accreditation body: none.Address for service of all legal documents: same

Description of Services: Neo Technologies website (www.neo.co.za) provides access to a variety of products and services that may be purchased online all of which are, or will be, described on the Neo Technologies website (www.neo.co.za)

Price of goods: Prices are displayed in the website and are subject to Neo Technologies website (www.neo.co.za) rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on the Neo Technologies website (www.neo.co.za) website are exclusive of Value Added Tax.

Payment: Payment terms and manner of payment are stipulated in the clause dealing with payment above.

Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on the Neo Technologies website (www.neo.co.za) and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms maybe accessed on this Website, downloaded and stored, or reproduced at any time.

Delivery of products or services: The anticipated time of delivery of any products or services, purchase using the Neo Technologies website (www.neo.co.za) shall be indicated at the time that any order is accepted by Neo Technologies (www.neo.co.za). A separate delivery fee (“the Delivery Fee”) will be charged in addition to the price you pay for the goods that you purchase.

You can pay by credit card.

Transaction records and history: A full record of transactions effected using Neo Technologies (www.neo.co.za) shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by Neo Technologies (www.neo.co.za) or it’s agents. You may access this history as provided for under the clause Transaction History above.

Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above.

Privacy and Security: The provisions governing Privacy and Security are provided for under the clause Privacy and Security above.

Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use the Neo Technologies website (www.neo.co.za). All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination

Any provision in these terms and conditions which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these terms and conditions shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of these terms and conditions, without invalidating the remaining provisions of these terms and conditions or affecting the validity or enforceability of such provision in any other jurisdiction.

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What you get
A phone call from one of or business consultants
A cost estimate based on your needs
An in person meeting (site visit) if needed
Your Privacy
Your information will not be shared with any Third Parties
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