iRobot Terms and Conditions
Website and Online Services: General Terms and Conditions
The terms and conditions which apply to the website and online services are set out herein.
1.1. This website may be accessed at https://irobot.co.za/ related mobile-sites and software applications (the “ Website ”) and is owned and operated by The Core Computer Business (Pty) Ltd ( “iRobot SA”) with company registration 1991/005727/07. iRobot SA is a distributor of electronics.
1.2. These Terms and Conditions are binding and enforceable against every person
(“you” or “your”) that accesses or uses this Website.
1.3. By using the Website and by clicking on the “I Accept” button or ticking the checkbox on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
1.5. If there is any provision in these Terms and Conditions that you do not understand, you may click on the “Contact Us” link and request that iRobot SA explain it to you before you accept the Terms and Conditions or continue using the Website.
1.6. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or iRobot SA in terms of the CPA.
1.7. iRobot SA permits the use of this Website subject to these Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to these Terms and Conditions.
2. Use of the Website and online services
2.1. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
2.2. You agree that you will not:
2.2.1. in any way use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the Website. You also agree that all content 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 (the “Content”) belongs to iRobot SA and you shall not therefore in any way use any robot, spider, other automatic device, or manual process to monitor, copy, reverse engineer, distribute or modify the Website or the information contained herein, without the prior written consent from iRobot SA;
2.2.2. use the Website for harmful purposes, or attempting to harm minors in any way;
2.2.3. use the Website for commercial and non-private purposes;
2.2.4. use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful or fraudulent;
2.2.5. in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of iRobot SA.
3. Ordering of Products
3.1. When you place an order for a product, your order is subject to product availability. You acknowledge that stock of all products on the Website is limited and that pricing may change at any time without notice to you. iRobot SA will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are removed from the Website. iRobot SA can not guarantee the availability of stock. If you order a product on the Website and that product is no longer available after payment, iRobot SA will notify you and you will be entitled to a refund of any amount already paid by you for such products.
3.2. Prior to delivery or your collection of the products you ordered; you may cancel an order at any time provided you do so before receiving a dispatch notice e-mail. After delivery of the products, you may return such products only in accordance with the iRobot SA returns policy.
3.3. Before you make a payment on the Website, you will have the opportunity to review any order for products that you have ordered.
3.4. Orders will be confirmed by way of e-mail. All orders over R1000 will be delivered free of charge. Any order less than R1000 will carry a small courier fee. A courier company engaged by iRobot SA will perform deliveries. You may be required to provide a valid form of identification when your order is delivered.
3.5. Subject to availability and receipt of payment, orders will be delivered by courier as follows:
2 – 5 working days to main city centres
3 – 7 working days to outlying areas
3.6. iRobot SA is not liable for any incorrect order or delivery where you make an error in the information that you provide to iRobot SA e.g. if you provide the incorrect delivery address or submit an incorrect order.
3.7. You acknowledge that the delivery of your order may be impacted by events beyond iRobot SA’s control such as adverse weather conditions or industrial action. iRobot SA is not liable for late deliveries of products purchased through the iRobot SA website. iRobot SA will, however, try to ensure a smooth delivery process.
3.8. The offering on this website is available to South African clients only.
3.9. Payment may be made via Visa, MasterCard, and Instant EFT via PayGate.
3.10. Card transactions will be acquired for iRobot SA via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate apply the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may visit www.paygate.co.za to view their security certificate and security policy.
3.11. Customer details will be stored by iRobot SA separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
3.12. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
4. Product specifications
4.1. Product size, weight, and related specifications are theoretical values only. Actual measurements between individual products may vary. All specifications are subject to the actual product.
4.2. Product battery capacity is a typical value. The actual battery capacity for each individual product may vary as a result of environmental changes.
4.3. Charging speed data is provided directly from iRobot Laboratories. Actual results may vary due to differences in charging cables, charging adapter, software version, environment, and model number.
4.4. Product colour, image, appearance and dimensions are for reference only. The design of the actual product may differ.
6. Changes to these Terms and Conditions
6.1. iRobot SA reserves the right to change, alter or vary any of these Terms and Conditions at any time and without prior notification to you. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not use the Website.
6.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
7.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
7.2. Whilst iRobot SA takes reasonable measures to ensure that the content of the Website is accurate and complete, iRobot SA makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by iRobot SA’s representatives, iRobot SA shall not be bound thereby.
7.3. To the extent permitted by applicable law, iRobot SA disclaims liability for any damage, loss or expenses, whether direct, indirect, or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein.
7.4. Although the products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non- infringement, as may be allowed in law.
7.5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, iRobot SA also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of iRobot SA, its employees, agents or authorised representatives. iRobot SA thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
7.6. The site, information, and content as set out on this Website is made available on an “as is” and “as available” basis. It is provided without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, iRobot SA provides you with the site on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms and Conditions, might have effect in relation to the site.
8. Linking to third party websites and hyperlinks
8.1. This Website may contain links or references to other websites (“Other Websites”), over which iRobot SA have no control. These are provided for information and convenience only and do not constitute any endorsement, sponsorship, affiliation or recommendation by iRobot SA whatsoever.
8.2. These Terms and Conditions do not apply to those Other Websites and iRobot SA is not responsible for the practices and/or privacy policies of those Other Websites or the “cookies” that those sites may use.
8.3. Not withstanding the fact that the Website may refer to or provide links to Other Websites, your use of such Other Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Other Websites or your reliance on any information contained thereon.
9. Suspension and/or Termination
9.1. iRobot SA will determine, in our sole discretion, whether there has been a breach of these Terms and Conditions through your use of the Website and/or the online services.
9.2. Failure to comply with these Terms and Conditions may result in our taking any or all of the following actions:
9.2.1. immediate, temporary or permanent withdrawal of your right and ability to use the Website and/or any of the online services;
9.2.2. issue of a warning to you;
9.2.3. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs)resulting from the breach;
9.2.4. further legal action against you;
9.2.5. disclosure of such content and information about or relating to you, to law enforcement authorities as we reasonably feel is necessary.
9.3. We exclude liability for actions taken in response to breaches of these Terms and conditions. The remedies described above are not limited, and we may take any other lawful action we reasonably deem appropriate.
10. Limitation of liability
10.1. iRobot SA cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of iRobot SA, its employees, agents or authorized representatives.
10.2. To the extent permissible by law, iRobot SA will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising out of your use of any of the iRobot SA products.
10.3. iRobot SA will not be liable for any direct, indirect, special, or consequential loss or damages howsoever arising including but not limited to, your use of this Website, activity on the Website and or any linked Other Websites.
10.4. You hereby indemnify iRobot SA and hold it harmless against any loss or damage you or any third party may suffer as a result of your use of this Website, any Other Website, and/or the iRobot SA products.
10.5. NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS IROBOT SA’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY SOUTH AFRICAN LAW.
11. Availability and termination
11.1. iRobot SA will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
11.2. iRobot SA may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that iRobot SA will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
12. Electronic Communications
12.1. The following terms and conditions shall apply to all electronic communications (and attachments) that are transmitted to you by iRobot SA:
12.1.1. By visiting the Website or sending iRobot SA emails, you agree that we may communicate with you electronically.
12.1.2. Any electronic communication sent to you from iRobot SA, will be regarded to have been received by you, upon being sent by us. This includes, but is not limited to mobile push notifications.
12.1.3. You accept that all agreements, notices, disclosures and other communications that are sent to you electronically, meet any legal requirement that communications shall be in writing.
12.1.4. The contents of any electronic communication are subject to the terms and conditions contained in any applicable governing agreement.
12.1.5. The complete and accurate transmission of information, the electronic communication itself and delay in receipt thereof, is not the responsibility of iRobot SA.
13. Phishing and Spoofing
13.1. Should you receive an email that appears to be from iRobot SA, and requests you provide personal information or verify your account by clicking on a link, you have in all probability been sent an email from a “spoofer” or “phisher.”
13.2. You will not be asked to provide personal information in an email, and iRobot SA suggest that you do not respond to such email and do not click on any links that may have been included. iRobot SA will not be held liable for any consequences resulting from your response to an email sent by a “phisher” or “spoofer” and any response you provide is at your own risk.
14. Intellectual property
14.1. The intellectual property on this Website, the content and all material published on it, and the online services, is owned and/or licensed by iRobot SA any use thereof requires iRobot SA’s prior written consent. All our rights remain strictly reserved.
14.2. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.
14.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text iRobot SA’s status (and that of any identified contributors) as the authors of content on the site must always be acknowledged.
14.4. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from iRobot SA or its licensors.
15. Complaints and notice
15.1. All complaints and queries should be sent by email to: email@example.com
15.2. Any legal notices that you give iRobot SA under this contract must be sent by registered post to PO Box 782162, Sandton, 2146.
15.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
15.3.1. by hand will be deemed to have been received on the date of delivery
15.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
15.3.3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
15.3.4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All e-mail communications between you and iRobot SA must make use of the “Read Receipt” function to serve as proof that the e-mail has been received.
15.4. Where iRobot SA needs to give you any notice as provided for in these Terms and Conditions or provide additional information about the products and services supplied to you, iRobot SA will do so by sending you an email or posting a notice on this Website. You hereby consent to iRobot SA providing you with notices or information in this way.
15.5. This website is governed by the laws of South Africa and iRobot SA chooses as its domicilium citandi et executandi for all purposes under these terms and conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 1 Sandton Drive, Sandton, Gauteng, 2196.
16. Governing law and jurisdiction
16.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
16.2. Nothing in this clause 14 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
17.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
17.2. Any failure on the part of you or iRobot SA to enforce any right in terms hereof shall not constitute a waiver of that right.
17.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
17.4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
17.5. If you need to obtain a sales record of your transaction to buy products through the iRobot SA Website, you can contact iRobot SA within 30 (thirty) days of the transaction.
17.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
17.7. These Terms and Conditions contain the whole agreement between you and iRobot SA and no other warranty or undertaking is valid, unless contained in this document.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, event times, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa.
Warranty Terms & Conditions
1. The products and services that are sold by iRobot SA are sold “as is” and “as available”. The manufacturers of the products sold by iRobot SA may provide a manufacturer’s warranty in respect of their branded products.
2. All iRobot products are covered by a manufacturer’s warranty and are subject to whatever terms and conditions the manufacturer may impose.
3. Please refer to the warranty information on iRobot’s website