Through accessing or using www.mkitech.co.za or any related blogs, websites, applications, or platforms (collectively, “the Website”), owned by MKITECH SOLUTIONS (PTY) LTD. (Reg: 2018/224602/07) (“MKITECH”), or any of its Services, you agree that you have read, understood, and agree to be bound by the terms and conditions contained herein (“Terms”), in conjunction with any additional MKITECH terms applicable to you and the Services you utilize. All rights to the content of the Website remain expressly reserved by MKITECH.
- Kindly read these terms carefully before accessing or using the Website or Services. MKITECH will assume you have read and understood these terms if you continue to access or use the Website.
- Also, refer to our distinct additional policies, including our Pricing Policy, Refund & Termination Policy, and Conveyance Terms.
- These terms were last updated on 29 April 2024.
- Introduction to the Website and Services
1.1 MKITECH provides an online platform offering various services, including but not limited to providing information about our wide range of products, enabling product purchases from us and/or our authorized partners (“Products”), and accessing multimedia content and blogs (collectively, the “Services”).
1.2. These Terms explain the conditions for using the Website and the core provisions for using any Services from MKITECH. Depending on the exact Services used, you may also need to conclude additional agreements with MKITECH, which will contain specific details and/or conditions related to the exact Services acquired, including services and fees.
1.3. Users must pay a purchase price to buy Products from us (“Price”), which will be detailed on the Website and/or on an MKITECH invoice sent to you before incurring such a fee, or in any further Service-specific agreement you may conclude with MKITECH or another third party.
1.4. As a general user, you do not need a Profile to enjoy the Website’s search and learning features.
1.5. The Website and these Terms are subject to change without notice. Updated or amended Terms will be effective upon being uploaded to the Website by MKITECH. Continued access or use of the Website constitutes acceptance of the amended Terms. It is your responsibility to read these Terms periodically to stay aware of any changes.
1.6. Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offense.
- Relationship Between the Parties
2.1. For all Services provided, MKITECH does not have an agent, intermediary, advisory, representative, or broker relationship with any user. Your use of the Website or Services is entirely at your own risk and based on your own volition and expertise.
2.2. MKITECH does not provide regulated financial, advisory, medical, banking, or payment services. Thus, the Services are not subject to oversight or regulation by any regulatory authority in South Africa, other than those concerning general consumer rights.
2.3. In the context of Product purchases via the Website, MKITECH operates as the “seller” of said Products, and the user functions as the “buyer” for their respective duties and obligations related to those roles under applicable consumer and other laws.
- The Services
3.1. For detailed information on the various Services currently offered by MKITECH, or those specific to you, consult the relevant page on the Website or contact askus@mkitech.co.za, and we will gladly assist.
3.2. For general information purposes, and subject to further details made available by MKITECH on the Website or elsewhere, here are some of the Services available to users:
3.2.1. Learn about and purchase Products from us:
3.2.1.1. The Website has an online advertisement directory allowing users to learn about the Products we sell and distribute from our trusted partners globally.
3.2.1.2. Users can contact us to find out more about the Products, including specifications, stock availability, price, and placing orders.
3.2.1.3. Consult these Terms below for more information on the terms of Service associated with ordering Products, as well as our Pricing Policy, Refund & Cancellation Policy, and Delivery Policy.
3.2.2. Accessing multimedia content and news:
3.2.2.1. Users can access blogs, articles, industry content, and other multimedia using the relevant prompts and pages on the Website.
3.2.2.2. While MKITECH carefully selects and curates all multimedia content before it is made available on the Website, MKITECH will not be liable for any content, information, or opinions provided via the Website through the sharing of multimedia content with users.
3.2.2.3. Such multimedia content is provided “as is,” and MKITECH disclaims liability for the accuracy or correctness of any content shared via the Website.
- Payment for MKITECH Products
4.1. There is no fee for using the Website and most Services, but specific Services, such as purchasing Products, attract a fee paid by the user to MKITECH.
4.2. Consult our Pricing Policy for details on how MKITECH will charge the Price and on what basis. For detailed information on mechanisms like quote validity periods, payment terms, COD terms, or non-payment processes, contact us at askus@mkitech.co.za.
4.3. All advertised Prices for products include Value Added Tax (“VAT”), delivery charges, and any other applicable taxes/fees unless otherwise stated and required by law. Any additional charges and VAT applicable to a transaction will be indicated in our invoices/quotes.
4.4. You may contact MKITECH via email at askus@mkitech.co.za.
- Additional Conditions Applicable to MKITECH’s Services
5.1. The following conditions, restrictions, rights, and/or duties apply to the specific Services we offer.
5.1.1 Conclusion of sale:
5.1.1.1. It is the user’s sole responsibility to determine that the Products and/or Services ordered are suitable for the user’s intended use.
5.1.1.2. Users may place orders for any Product on the Website, which MKITECH may accept or reject, depending on Product availability, correctness of Product information (including price or materials), and receipt of payment or payment authorization by MKITECH for the Products.
5.1.1.3. The user confirms that the Products and/or Services on the tax invoice issued represent the Products and/or Services ordered by the user at the agreed prices/Price and, where performance/delivery has already taken place, that the Products and/or Services were inspected and conform in all respects to the quality and quantity ordered and are free from visible defects.
5.1.1.4. All orders and variations to orders are subject to these Terms. Only written orders and variations to orders will be accepted by MKITECH. However, MKITECH may, at its sole discretion, accept and act upon telephonic orders and any variations to orders. MKITECH reserves the right to refuse delivery or collection of any order until in possession of a written order form.
5.1.1.5. Delivery, installation, commencement, and performance times are estimates and are not binding on MKITECH. MKITECH will use its best efforts to meet delivery times; however, time is not of the essence unless expressly agreed upon in writing by MKITECH. MKITECH shall not be liable for any loss or damage resulting from incorrect or delayed delivery, tampering with installation, commencement, or performance.
5.1.1.6. All Products invoiced for evaluation, approval, or demonstration are deemed sold if not returned within 5 working days of issue.
5.1.2. Delivery conditions:
5.1.2.1. Consult our distinct Delivery Policy for all delivery-related terms.
5.1.2.2. Additional considerations:
5.1.2.2.1. Any delivery note, waybill, or invoice (copy or original) signed by the user or a third party engaged to transport the Products and held by MKITECH is prima facie proof that delivery was made to the user by the quality and quantity reflected thereon.
5.1.2.2.2. MKITECH may invoice and deliver each order separately.
5.1.2.2.3. The risk of damage or destruction of Products passes to the user upon signing the delivery receipt upon delivery to the user or the user’s nominated representative. The user must insure the Products fully until paid for in full.
5.1.2.2.4. MKITECH is authorized to engage a third party on its behalf and on terms deemed fit by MKITECH to transport all purchased Products.
5.1.2.2.5. If the user engages its own third party to transport the Products, the user indemnifies MKITECH against any claims arising from such an agreement.
5.1.2.2.6. Stock of all Products on offer is limited, and pricing may change without notice. MKITECH will make reasonable efforts to monitor stock levels and discontinue offers when stock is no longer available. However, availability cannot be guaranteed. If the Product is no longer available after an order is placed, MKITECH will notify the user and provide a full refund of any amount already paid.
5.1.2.2.7. MKITECH will make reasonable efforts to accurately reflect the description, availability, composition, used materials/ingredients, Product origins, purchase price, and delivery charges of our Products on the Website. However, in the case of errors not due to gross negligence or fraud, MKITECH will not be liable for any loss, claim, or expense related to a transaction based on any error. In the case of an incorrect purchase price, MKITECH will refund the amount paid or as outlined in our Refund and Cancellation Policy.
5.1.3. Refunds and Repairs:
5.1.3.1. Consult our distinct Refund & Cancellation Policy for all related terms.
5.1.3.2. Additional considerations apply.
5.1.3.2.1. When MKITECH’s supplier undertakes repairs, the provided repair times are estimates and not binding on MKITECH or the supplier. Time is not of the essence in this agreement unless expressly agreed upon in writing by MKITECH. MKITECH will not be liable for any losses or damages the user may suffer due to unforeseen costs or delayed repairs.
5.1.3.2.2. New products are protected solely by the manufacturer’s specific warranties. All other guarantees and warranties, including those under common law, are expressly excluded. Services carry no guarantee.
5.1.3.2.3. Liability under this clause is limited to the cost of repairing or replacing defective products or services or granting a credit, at MKITECH’s sole discretion.
5.1.3.2.4. All defective merchandise returned to MKITECH must include all cables, power supplies, documentation, and related items.
5.1.3.2.5. MKITECH is not responsible for the cost of returning products to MKITECH offices. To protect yourself, please insure the package and ship it via a traceable method. MKITECH is not liable for lost or damaged packages.
5.1.3.2.6. If any of the above conditions are not met, MKITECH reserves the right to either refuse the return or charge a restocking fee of at least 15%.
5.1.3.2.7. Upon receipt of products, MKITECH will conduct an incoming acceptance inspection as soon as possible.
5.1.3.2.8. MKITECH’s sole obligation under warranty is to repair or replace the defective product. There is no warranty for uninterrupted or error-free operation or loss of data. Regular data backup to separate storage is recommended. Products with altered or removed identification labels and/or serial numbers, even if done accidentally, void the warranty. The warranty does not cover products that have been modified, subjected to physical damage, misuse, neglect, tampering, improper maintenance, or serviced by unauthorized personnel.
5.1.3.2.9. Data recovery is not covered under the warranty. MKITECH’s technical department offers standard data recovery services, with prices quoted on request.
5.1.3.2.10. Products purchased directly from MKITECH may be returned for exchange, excluding shipping charges, within seven days of receiving the products. Returned merchandise must be in the original sealed packaging, in the same condition as sold, with all cables, power supplies, documentation, etc.
5.1.3.2.11. Products for exchange exclude “Special Request Items,” which cannot be returned under any circumstances unless faulty.
5.1.3.2.12. If items are credited, they will be at a lesser value between the selling price and the current market price, and applicable handling fees will apply.
5.1.3.2.13. MKITECH will request copies of original invoice documents for products older than 24 months. Testing, repair, or replacement will not occur until such documentation is received.
5.1.3.2.14. The user is responsible for maintaining products according to manufacturer guidelines. Failure to do so may void any applicable warranty.
5.1.3.2.15. The user agrees that any item handed in for repair may be sold by MKITECH to cover repair costs if the item remains uncollected within 30 days of repair completion and notification.
- USER RESPONSIBILITIES AND WARRANTIES
6.1. By using the Website and/or the Services, you warrant that:
6.1.1. You have read and agree to these Terms and will use the Website and Services accordingly.
6.1.2. You have not made any misrepresentations, and the information provided is true, accurate, and complete.
6.1.3. You are over 18 years old and legally capable of understanding and agreeing to these Terms.
6.1.4. You lawfully possess and submit all information to the Website and/or MKITECH for its use or the Services.
6.1.5. You will not post or transmit any abusive content that could be deemed threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, or in breach of confidence or privacy, or restrict any user’s proper use of the Website.
6.1.6. You will not send unsolicited electronic messages or use any software, routine, or device to interfere with the Website’s operation or functionality, including uploading corrupt data or viruses or altering the Website’s appearance.
6.1.7. You will not infringe the intellectual property or other rights of any third party or the Website or transmit content you do not own or have the right to publish.
6.1.8. You will not use the Website for any commercial purpose other than as expressly provided by MKITECH.
6.1.9. You will not use the Website to breach any applicable law or regulation or encourage illegal activity, including promoting money laundering or financial crimes.
6.1.10. You will not assist any third party in violating these Terms.
6.1.11. Failure to comply will be deemed a material breach of these Terms, allowing MKITECH to exercise its full range of rights against you, including reporting to authorities, denying access to Services or the Website, and claiming damages.
6.2. The Website is only available on compatible devices connected to the internet. You are responsible for obtaining these devices and any necessary data network access. Network data and messaging rates and fees may apply if you use the Website, and you are responsible for these costs.
6.3. MKITECH reserves the right to deny you access to the Website or Services if you breach any of these Terms.
6.4. MKITECH does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
- KYC AND AML REQUIREMENTS
7.1. Your ability to use various parts of the Website or specific Services may be regulated by know-your-customer (“KYC”) and anti-money laundering (“AML”) laws and regulations.
7.2. MKITECH may require you to submit certain information for verification under its KYC and AML requirements and local or foreign laws. This may include identity documents, passports, and bank account information. MKITECH reserves the right to limit or terminate your access and use of Services if you fail to comply. MKITECH may share this information with legal authorities as required by law.
7.3. MKITECH may restrict transactions that violate laws or its KYC or AML conditions, based on an analysis of Vendor requests, order values, geographic locations, anomalies, or orders from different IP addresses.
- RECEIPT AND TRANSMISSION OF DATA MESSAGES
8.1. Data messages, including emails sent by you to MKITECH, will be considered received only when acknowledged or responded to.
8.2. Data messages sent by MKITECH to you will be regarded as received when they enter an information system designated or used for that purpose by the recipient and are capable of being retrieved and processed.
8.3. MKITECH reserves the right not to respond to any email or data message containing obscene, threatening, defamatory, illegal, unlawful, or inappropriate content and may take appropriate action against the sender.
8.4. Messages sent over the internet cannot be guaranteed to be secure as they can be intercepted, lost, or corrupted. MKITECH is not responsible for the accuracy or safety of any message sent by email or automated systems over the Internet.
- HYPERLINKS, DEEP LINKS, FRAMING
9.1. The Website may include links to other sites (“the other sites”). MKITECH does not own or endorse these sites and is not responsible for the information, material, products, or services on or accessible through them. Hyperlinks do not imply endorsement or support of the content or products of such sites.
9.2. MKITECH does not claim ownership of content on other sites displayed on the Website. Owners of such content who want it removed can request this via askus@mkitech.co.za.
9.3. Your access and use of the other sites are solely at your own risk and on the terms set by the third-party operators of those sites.
- ADVERTISING AND SPONSORSHIP
10.1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring compliance with all applicable laws and regulations.
10.2. MKITECH, its shareholders, employees, suppliers, partners, affiliates, and agents exclude any responsibility or liability for any error or inaccuracy in advertising or sponsorship material, to the maximum extent permitted by law.
- INTELLECTUAL PROPERTY PROTECTION
11.1. All Website layout, content, material, information, data, software, icons, text, graphics, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, product feeds, documents, designs, copyright, and service marks, together with the underlying software code and all submissions by users to the Website and MKITECH, constitute “the intellectual property” and are owned (or co-owned or licensed, as applicable) by MKITECH, its shareholders, associates, and partners. They are protected from infringement by domestic and international legislation and treaties.
11.1.1. All rights to any intellectual property provided by a user to the Website remain with the user. However, the user grants MKITECH a non-exclusive, non-transferable license to use this intellectual property on the Website and/or in advertising, as long as the user is registered on the Website.
11.2. Apart from the rights granted to you under these Terms, all other rights to the intellectual property on the Website are explicitly reserved. You are prohibited from copying, downloading, printing, modifying, altering, publishing, broadcasting, distributing, selling, or transferring any intellectual property, editorial content, graphics, or other material on the Website or its underlying software code, whether in whole or in part, without prior written consent from MKITECH. Such consent may be denied at MKITECH’s discretion. Any modification of intellectual property or editorial content or graphics is not allowed. Breaching these terms may lead to legal action against you by MKITECH and/or the rightful intellectual property rights owner, including claims for damages.
11.3. MKITECH reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics, and other materials on the Website, including those in a user’s Profile, or to suspend or terminate the Website at any time without notice. However, any transactions or functions already concluded through the Website will not be affected by such suspension or termination.
11.4. Where any of the Website’s intellectual property is licensed to MKITECH or belongs to a third party, other than the content submitted by a user to the Website, all usage rights are also subject to any terms and conditions imposed by that licensor or third party. You agree to comply with such third-party terms and conditions.
11.5. Subject to compliance with these Terms, MKITECH grants users a personal, non-exclusive, non-assignable, and non-transferable license to use and display all content and information contained on the Website on any machine for which the user is the primary user. However, nothing in these Terms or on the Website should be interpreted as granting any license or right to use any intellectual property without prior written permission from MKITECH.
11.6. For any inquiries regarding intellectual property matters, please contact MKITECH at askus@mkitech.co.za.
- DISCLAIMERS AND WARRANTIES
12.1. The Website and Services, including any intellectual property, are provided “as is” and “as available.” MKITECH makes no representations or warranties, express or implied, about the accuracy, correctness, or suitability of the Website, Services, or the information contained therein.
12.2. All information, blogs, articles, or user opinions available on the Website regarding any Services are those of the authors and not MKITECH. While MKITECH makes every effort to present such information accurately, it does not endorse, approve, certify, or guarantee the accuracy or completeness of such information.
12.3. MKITECH, including its shareholders, employees, and partners, accepts no liability for any direct or indirect loss, consequential or arising from the information available on the Website or transactions resulting from the Services/Products offered.
12.4. MKITECH, its shareholders, employees, partners, and affiliates, accept no liability for any costs, expenses, fines, or damages resulting from the facilitation and offering of Services, Products, or access to and use of the Website.
12.5. MKITECH takes reasonable security measures to ensure the integrity of the Website and to exclude viruses, unlawful monitoring, and/or access. However, MKITECH does not guarantee that your access to the Website will be uninterrupted or error-free, nor that any information, data, content, software, or other material accessible through the Website will be free of harmful components. The user’s access to and use of the Website is at their own risk.
- INDEMNITIES
13.1. The user indemnifies and holds MKITECH, its shareholders, employees, and partners harmless from any demand, action, or other proceedings, including attorney fees and related costs, arising out of the user’s use of the Website, Products, or Services.
13.2. The user agrees to indemnify, defend, and hold MKITECH harmless from any direct or indirect liability, loss, claim, and expense (including reasonable legal fees) related to the user’s breach of these Terms.
13.3. This indemnity clause will survive the termination of this agreement.
- COMPANY INFORMATION
- Site owner: MKITECH SOLUTIONS (PTY) LTD.
- Legal status: (Pty) Limited
- Registration number: 2018/224602/07
- Title of Representative: Director
- Description of main business: IT Reseller
- Telephone number: +27 84 444 8787
- Email address: askus@mkitech.co.za
- Website address: mkitech.co.za
- Physical address: 48 Kroton Street, Weltevreden Park, Roodepoort, Johannesburg, South Africa, 1709
- Postal address: 48 Kroton Street, Weltevreden Park, Roodepoort, Johannesburg, South Africa, 1709
- Registered address: 48 Kroton Street, Weltevreden Park, Roodepoort, Johannesburg, South Africa, 1709
- DISPUTE RESOLUTION AND GOVERNING LAW
15.1. Your access and use of the Website and Services, any downloaded material, and the operation of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.
15.2. You consent to MKITECH instituting any proceedings arising out of this contract in the Magistrates Court for the district of Rondebosch. MKITECH reserves the right to institute action in the High Court of South Africa.
15.3. You waive the benefits of certain legal exceptions and declare full awareness of the meaning of this waiver.
15.4. In the event of any default, you consent and authorize MKITECH to furnish your credit record to any credit bureau as a delinquent debtor.
15.5. Both parties agree not to publicize any dispute on social media or other public platforms, as this could cause significant damage and potential financial claims.
15.6. You will be liable for all legal expenses incurred by MKITECH due to any default or litigation regarding the validity and enforceability of these Terms, including collection or valuation fees.
- TERMINATION OF USE OF WEBSITE OR SERVICES
16.1. MKITECH reserves the right to terminate your Profile and use of the Website and Services if you breach any of the Terms or for any other reason, provided reasonable notice is given.
16.2. To terminate your agreement with MKITECH or end your use of the Services, email askus@mkitech.co.za. This will deregister you from the Website but will not affect any lawful rights existing at the time of termination.
16.3. Upon cancellation of your agreement, MKITECH will remove you from the Website and deactivate your Profile.
16.4. In the event of cancellation, you must pay:
- The difference between the selling price and the value of the Products at the time of repossession.
- All costs incurred in the repossession of the Products. The value of repossessed Products will be determined by a sworn valuator.
- NOTICES AND SERVICE ADDRESS
17.1. Each party chooses their service address for notices, process serving, and other purposes arising from these Terms as follows:
- MKITECH: 48 Kroton Street, Weltevreden Park, Roodepoort, Johannesburg, South Africa, 1709
- User: The postal address or another address agreed upon with MKITECH
17.2. Documents will be deemed duly received by the user within:
- 3 working days of prepaid registered mail to any of the user’s postal addresses or domicilium address.
- Upon hand delivery.
- 48 hours if sent by overnight courier.
- 18. GENERAL
18.1. This document contains the entire agreement between the parties regarding its subject matter. No changes will be effective unless in writing and signed by all parties or their authorized representatives.
18.2. MKITECH may cancel any order due to force majeure, including but not limited to the inability to secure labour, power, materials, acts of God, war, civil disturbance, riot, strike, fire, flood, drought, or legislation.
18.3. No indulgence or extension of time granted by MKITECH constitutes a waiver of any rights under these Terms.
18.4. Words in the singular include the plural and vice versa. Words importing one gender include all genders, and words referring to persons include partnerships, trusts, and corporations.
18.5. Paragraph headings are for reference only and do not affect the interpretation of the provisions.
18.6. Complaints or queries should be addressed to MKITECH at askus@mkitech.co.za.
18.7. Each provision of these Terms is severable. If any part is held invalid or unenforceable, it will not affect the remaining provisions, which will continue in full force and effect.
18.8. No term or condition of these Terms is intended to breach any peremptory provisions of consumer protection legislation. Any such breach will be governed by clause 18.7.