Website Terms & Conditions
And Privacy Policy

WEBSITE TERMS AND CONDITIONS
IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE IDENTITY WEBSITE, WEB PAGES OR ANY PART THEREOF.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MUST LEAVE THE IDENTITY WEBSITE WITHOUT DELAY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
 
DEFINITIONS AND INTERPRETATION
 
a) "the IDENTITY website" means the website, owned and operated by IDENTITY and located at www.identity.co.za including any page, part or element thereof;
   
b) "IDENTITY" means Identity Retailing (Pty) Limited, reg. no. 1965/001234/07. Click here for registered details;
   
c) "User" means any person who enters or uses the IDENTITY website, notwithstanding the fact that such a person only visits the home page of the IDENTITY website;
   
d) References herein to the singular includes the plural and vice versa; and
   
e) Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
   
1. GENERAL
   
  IDENTITY is a South African fashion retailer that sells young, funky and affordable forward fashion merchandise from its stores on cash and credit.
   
2. ALLOWED USE AND LICENSE
   
 
2.1 IDENTITY licenses the User to view, download and print the content of the IDENTITY website, provided that such content is used for private, personal, educational and/or non-commercial purposes only.
   
2.2 Content form the IDENTITY website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of IDENTITY.
   
2.3 Users may only access, browse and use the IDENTITY website for legitimate personal or commercial purposes and may not use the IDENTITY website or any IDENTITY services and/or products for:
   
 
2.3.1 Harmful purposes;
   
2.3.2 Illegal purposes;
   
2.3.3 Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or
   
2.3.4 The creation, storage and sending of unsolicited commercial communications.
   
2.4 The caching of the IDENTITY website shall only be allowed if:
   
 
2.4.1 The purpose of the caching is to make the onward transmission of the content from the IDENTITY website more efficient;
   
2.4.2 The cached content is not modified in any manner whatsoever;
   
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
   
2.4.4 The cached content is removed or updated when so required by IDENTITY.
   
2.5 If any User uses content from the IDENTITY website in breach of the provisions detailed herein:
   
 
2.5.1 IDENTITY reserves the right to claim damages from the User;
   
2.5.2 IDENTITY reserves the right to institute criminal proceedings against the User; and
   
2.5.3 IDENTITY shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
   
2.6 Hyperlinks to the IDENTITY website from any other source shall be directed at the home page of the IDENTITY website. Links beyond the IDENTITY home page may only be used with IDENTITY’s prior written consent.
   
2.7 IDENTITY shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the IDENTITY website, if such content, products or services were accessed through a hyperlink not directed at the home page of the IDENTITY website. Persons that wish to link to pages beyond the home page of the IDENTITY website without IDENTITY’s prior written consent shall do so at their own risk and indemnify IDENTITY against any loss, liability or damage that may result from the use of such hyperlinks. IDENTITY’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
   
2.8 Users may quote small and reasonable amounts of content available from the IDENTITY website and only if such a quote is placed in inverted commas and acknowledged.
   
2.9 No person may, without the prior written consent of IDENTITY, frame the IDENTITY website in any manner whatsoever.
   
2.10 Apart from the bona-fida search engine operators and use of the search facility provided on the IDENTITY website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content form the IDENTITY website for any purpose whatsoever, without the prior written consent of IDENTITY.
   
2.11 E-mail addresses, names, telephone numbers and fax numbers published on the IDENTITY website may not be incorporated into any database for electronic marketing or similar purposes. No permission is given or should be implied that information on the IDENTITY website may be used to communicate unsolicited communications to IDENTITY and all rights detailed in section 45 of the ECT Act are reserved.
   
2.12 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by IDENTITY at any time without prior notice or reasons.
   
3. INTELLECTUAL PROPERTY RIGHTS
   
 
3.1 All intellectual property on the IDENTITY website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to IDENTITY and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the IDENTITY website are expressly reserved.
   
3.2 No person may use logos, icons or trade marks from the IDENTITY website as hyperlinks or for other purposes without IDENTITY’s prior written consent.
   
4. SOFTWARE AND EQUIPMENT
   
  It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the IDENTITY website and/or download content from the IDENTITY website.
   
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
   
  These terms and conditions as well as product and/or service specific terms and conditions govern the sale of goods and/or the provision of services from or through the IDENTITY website.

Access to the services, content, software and downloads available from the IDENTITY website may be classified as "electronic transactions" as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and IDENTITY has, amongst others, the duty to disclose the following information:
   
 
5.1 The full name and legal status of the website owner: Identity Retailing (Pty) Limited, reg. no. 1965/001234/07;
   
5.2 Directors: E.F. Cristaudo, D.N. Dare, C. Durham, W.M. Van Der Merwe;
   
5.3 Street Address: No. 1 Mostert Street, Cape Town, 8001;
   
5.4 Postal Address: P O Box 600, Cape Town, 8000;
   
5.5 Physical address for receipt of legal service: No. 1 Mostert Street, Cape Town, 8001;
   
5.6 Telephone number: +27 21 460 7727;
   
5.7 Fax number: +27 21 460 7277;

Main business: The main function of this website is to provide information about IDENTITY and its retail services and to facilitate applications for account online.
   
5.8 The website address of the IDENTITY website is: www.identity.co.za ;
   
5.9 Goods and services available from the IDENTITY website:
   
 
5.9.1 Apply for a Standard Account
A credit application form to allow Users who are not currently students to apply for an IDENTITY credit account online.
   
5.9.2 Apply for a Student Account 
A credit application form to allow Users who are students to apply for an IDENTITY credit account online.
   
5.10 Special terms or guarantees: The terms and conditions governing the granting of credit is available in Annexure A hereto;
   
5.11 Payment methods: No purchases are made via the website and all Internet transfer payments are done via the User’s own bank website.
   
5.12 How may consumers access a full record of transactions: Available on request;
   
5.13 Return, exchange and refund policy: The terms and conditions governing the granting of credit is available in Annexure A hereto;
   
5.14 Delivery: When a User applies for an IDENTITY credit account online they will be notified, via email, within 24 to 48 hours whether their account application was successful. If the account was approved a plastic embossed card along with a letter is sent via the postal service to the User’s postal address. The card should be dispatched within 10 (ten) business days;
   
5.15 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
   
 
5.15.1 access to the IDENTITY website;
   
5.15.2 the inability to access the IDENTITY website;
   
5.15.3 the services and content available from the IDENTITY website; or
   
5.15.4 these terms and conditions,
   
5.15.5 shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;
   
5.16 Cooling-off period: Users may return goods or services within 7 (seven) days as detailed in section 44 of the ECT Act and only if such goods or services are not detailed in section 42(2) of the ECT Act; and
   
5.17 Users may lodge complaints concerning the IDENTITY website with IDENTITY at: services@identity.co.za
   
6. CHANGES AND AMENDMENTS
   
  CHANGES AND AMENDMENTS
IDENTITY reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
   
 
6.1 change these terms and conditions;
   
6.2 change the content and/or services available from the IDENTITY website;
   
6.3 discontinue any aspect of the IDENTITY website or service(s) available from the IDENTITY website; and/or
   
6.4 change the software and hardware required to access and use the IDENTITY website.
   
7. PRIVACY
   
 
7.1 IDENTITY shall take all reasonable steps to protect the person information of Users and for the purposes of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
   
7.2 IDENTITY may electronically collect, store and use the following personal information of Users:
   
 
7.2.1 name and surname;
   
7.2.2 area code;
   
7.2.3 street address;
   
7.2.4 postal address;
   
7.2.5 title;
   
7.2.6 contact numbers;
   
7.2.7 non-personal browsing habits and click patterns;
   
7.2.8 e-mail address; and/or
   
7.2.9 IP address.
   
7.3 IDENTITY collects, stores and uses the abovementioned information for the following purposes:
   
 
7.3.1 Communicate requested information to the User;
   
7.3.2 Provide services to the User as requested by the User;
   
7.3.3 Authenticate the User;
   
7.3.4 Provide the User with access to restricted pages on this website; and
   
7.3.5 Compile non-personal statistical information above browsing habits, click-patterns and access to the IDENTITY website.
   
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
   
7.5 IDENTITY may collect, maintain, save, compile, share, disclose and sell any information collected from Users.
   
7.6 IDENTITY owns and retains all rights to non-personal statistical information collected and compiled by IDENTITY.
   
8. HYPERLINKS TO THIRD PARTY SITES
   
 
8.1 IDENTITY may provide hyperlinks to websites not controlled by IDENTITY ("target sites") and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites.
   
8.2 IDENTITY does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to use or content available on or through target sites.
   
9. SECURITY
   
 
9.1 IDENTITY shall take all reasonable steps to secure the content of the IDENTITY website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, IDENTITY does not make any warranties or representations that content shall be 100% safe or secure.
   
9.2 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, IDENTITY is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the IDENTITY website.
   
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the IDENTITY website or the server and computer network that support the IDENTITY website.
   
9.4 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the IDENTITY website, whether on purpose or negligently, shall, without any limitation, indemnify and hold IDENTITY harmless against any and all liabilities, damages, risks and losses that IDENTITY and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
   
9.5 Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the IDENTITY website and IDENTITY reserves the right to claim damages from any and all persons involved, directly or indirectly, in the development, use and distribution of such devices or programmes.
   
9.6 Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by IDENTITY and its partners / affiliates due to or related to these illegal actions.
   
10. DISCLAIMER AND LIMITATION OF LIABILITY
   
 
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, IDENTITY (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
   
 
10.1.1 access to the IDENTITY website;
   
10.1.2 access to websites linked to the IDENTITY website;
   
10.1.3 inability to access the IDENTITY website;
   
10.1.4 inability to access websites linked to the IDENTITY website;
   
10.1.5 content available on the IDENTITY website;
   
10.1.6 services available from the IDENTITY website;
   
10.1.7 products available from the IDENTITY website;
   
10.1.8 downloads and use of content from the IDENTITY website; and/or
   
10.1.9 any other reason not directly related to IDENTITY’s gross negligence.
   
10.2 The IDENTITY website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with IDENTITY, that the content available from and through the IDENTITY website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
   
10.3 Information, ideas and opinions expressed on the IDENTITY website should not be regarded as professional advice or the official opinion of IDENTITY and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the IDENTITY website.
   
10.4 IDENTITY does not make any warranties or representation that content and services available from the IDENTITY website shall in all cases be true, correct or free from any errors. IDENTITY shall take all reasonable steps to ensure the quality and accuracy of content available from the IDENTITY website.
   
10.5 IDENTITY does not make any warranties or representations that the IDENTITY website shall be available at all times. Users acknowledge that the IDENTITY website may be unavailable due to updates or other causes beyond the reasonable control of the IDENTITY, including, but not limited to virus infection, unauthorised access (hacking), power failure or other "acts of God".
   
11. COMMENTS
   
  IDENTITY does not edit or scan comments posted by the User or e-mails from the User to IDENTITY or the IDENTITY website and shall not be liable for any defamatory, illegal, infringing, hateful, pornographic or harmful postings.
   
12. REMOVAL AND CORRECTION OF CONTENT
   
  Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the IDENTITY website to IDENTITY and IDENTITY undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
   
13. INTERCEPTION OF COMMUNICATIONS
   
 
13.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to IDENTITY’s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act) sent or posted by the User to the IDENTITY website, its staff and employees. The RIC Act may be downloaded from: http://www.info.gov.za/acts/2002/a70-02/.
   
13.2 The User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the "writing" requirement as detailed in the ECT Act and the RIC Act.
   
14. ENTIRE AGREEMENT AND SEVERABILITY
   
 
14.1 These terms and conditions constitute the entire agreement between IDENTITY and the User regarding the IDENTITY website and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by IDENTITY from the User.
   
14.2 Any failure by IDENTITY to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
   
14.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
   
15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
   
  The User and IDENTITY agree that:
   
 
15.1 the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the IDENTITY website for the first time;
   
15.2 data messages (as defined in the ECT Act) addressed by the User to IDENTITY shall only be deemed to have been received if and when responded to;
   
15.3 data messages (as defined in the ECT Act) addressed to the User by IDENTITY shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
   
15.4 data messages (as defined in the ECT Act) addressed by the User to IDENTITY shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
   
15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and IDENTITY; and
   
15.6 the User agrees and warrants that data messages that are sent to IDENTITY from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
   
16. APPLICABLE AND GOVERNING LAW
   
  The IDENTITY website is hosted, controlled and operated from the Republic of South Africa and therefore, subject to clause 5.17, the South African law enforced by the South African courts governs the use or inability to use the IDENTITY website, its content, services, products and these terms and conditions.
   
17. COMPETITION ENTRY DETAILS FOR NEW STORE OPENINGS
   
  By entering this competition I agree to be bound by these competition rules which will be interpreted by Identity Retailing (Pty) Ltd Registration No. 1965/01234/07 (hereinafter referred to as “Identity”) in its sole discretion.
   
   


03/2016