General terms for registration of users and the provision of Goods

SUPPORT

For any support or assistance on the ACGL Shop feel free to email us at shop@acgl.co.za

Introduction

These terms cover any transactions where we provide goods to you. The commercial terms of any transactionbetween us and you will be contained in an order that will incorporate these terms. The order will prevail if thereis a conflict of meaning. Nothing in these terms obligates either party to enter into any orders.

Definitions

Definitions in the agreement:

agreement means the agreement between us and you, consisting of the terms and any orders we asthe parties enter into;

authorised user means (i) you or (ii) a user in your employ where you are a juristic person,who has been assigned credentials and includes an administrator;

credentials means a unique user ID and password that has been assigned to an authorised useror administrator;

EULA means an end user license agreement;

fees means the fees, charges, or purchase consideration that you will pay to us in respect ofgoods we provide under orders;

goods means any goods (physical or digital) we provide to you, under orders;

order means an order placed though the website describing the specific goods to be provided byus to you;

services means any services we provide to you under orders;

terms means these terms, consisting of these online store terms; and any other relevantspecific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may beapplicable to a specific section or module of this website or any specific goods);

we, us, or our refers to African Cyber Gaming League trading PTY LTD asACGL, the owner of the website. It includes our officers, agents, employees, owners, co-branders andassociates where these terms limit or exclude our liability.

you or your means an authorised user visiting the site and entering into orders

Orders

3.1 Invitation to do business. The marketing of the goods by us is merely aninvitation to do business or for you to place an order to procure goods. The parties only conclude a valid andbinding order when you place the order.

3.2 Fees. Despite our best efforts, the stated fees may be incorrect. We will confirmthe fees for any goods when we accept your offer.

3.3 Third party terms. If a third party delivers any goods directly to you, thirdparty terms or conditions may apply. You are solely responsible to ensure they understand and agree to thoseterms.

3.4 Time and place. The parties conclude any agreement between ourselves at the timewhen our duly authorised representative accepts the relevant offer and at the place where you have your head office.We do not need to communicate the acceptance of the offer to you.

3.5 Orders. The terms in effect at the time you place an order will govern the order.Each order will create a separate agreement.

3.6 Stock availability. We may not always have the goods on which you make offers instock. You may cancel the offer or make another offer on the part of the goods that are in stock.

Goods

4.1 Sale. We sell to you who purchases the goods on the terms of theagreement.

4.2 Countries. You may only make offers for goods for delivery to the countriesspecified by us. If your shipping or billing address is not amongst those specified, you must not make an offer. We are only able to sell into the countries specified, and we are only able to ship to those countries.

4.3 Freight and packaging. Unless otherwise agreed in an order the goods will besupplied on the following basis:

  • We will pack the goods in accordance with our packaging specifications for the goods;
  • In the absence of any packing specifications, we will package the goods suitably to ensure that damage in transit does not occur due to incorrect packaging;
  • Unless otherwise agreed in writing, you will select the specific mode of freight of the goods; and
  • The freight costs will be for your account.

4.4 Time until dispatch. Once we receive an offer, we will endeavour to dispatch thegoods as soon as reasonably practicable (which may be longer than 30 calendar days) to the address specified in theoffer. We will try to adhere to the estimated delivery dates but accepts no liability for failing to do so. You maynot withdraw any offer due to a delay in delivery.

4.5 Risk and ownership. All risk of loss or damage to the goods will pass to you uponphysical delivery of the goods to your delivery address. Ownership in the goods will only pass to you upon fullpayment of the fees.

4.6 Warranty. The goods will be subject to any warranty indicated in the descriptionof the goods appearing on the accompanying documentation, packaging, or EULA. Please review those documentscarefully. You will have the same rights against us as we have against the supplier regards defects in the goods,the intention being that our liability to you will be co-extensive with the right of recourse we have against thesupplier. We will provide a copy of any warranty on request. To the extent legally possible, we assign to you thebenefit of any supplier warranties that a supplier may give to us regards the goods. You may not waive any of ourcommon law rights as against the supplier.

4.7 Sales representatives. None of our sales representatives have the authority tobind us and no representation, warranty or any other statements made or given by any of our sales representativeswill be binding on us, unless given in writing and signed by our duly authorised representative.

4.8 Software. Please note that intellectual property laws protect all software.Software is licensed, not sold, to you. Unless agreed otherwise, the license for any software is contained in theEULA. You will be required to agree to the EULA prior to use of the software. The applicable EULA, which takesprecedence, governs the use of the software. If you do not agree to the EULA, you must return the software inaccordance with our return policy for a refund of the fees. If you use the software (or take any other action thatis described in the packaging or software as constituting your consent to the EULA), then you agree to the EULA andmay not be eligible for a refund or return of the software, unless otherwise allowed in the documentationaccompanying the software or applicable law.

4.9 Resale and exports. If you wish to resell or export any goods, you must obtainall required consents or licences under all applicable laws and regulations, including the Export AdministrationRegulations of the United States of America that may affect or regulate such resale or export.

Fees and payment

5.1 Due dates. You will be liable for and pay the fees and any additional feespromptly on the due date, without any deduction, set off or demand and free of exchange in the currency specified inthe order.

Registration

6.1 Registration required. You must register to purchase goods through the website.We reserve the right not to enter into the agreement with you (reasons could include for example that you havepreviously been suspended from using our website or you pose an unacceptable level of risk for us).

6.2 Registration information. You must:

  • provide your full legal name, a valid email address, and any other information requested by us to complete the registration process;
  • have the legal capacity to conclude legally binding contracts;
  • possess the legal right, full power, and authority to enter into the agreement;
  • be old enough under applicable law to enter into the agreement;
  • submit true, accurate and correct information to us;
  • the person making application on your behalf must also be duly authorised to conclude contracts on your behalf, if you are juristic person.

6.3 Identity verification. It is important for us to know who we are doing businesswith online. You authorise us to make any enquiries we consider necessary to verify your identity. Thisincludes:

  • us conducting a credit check; or
  • you providing us with documentation such as your registration documents if you are a juristic person, or the front page of your ID book or proof of your address; and
  • us verifying this against third party databases.

Accounts and Security

7.1 Credentials. When registering, you will be required to select your credentialswhich will enable you to sign into your account on our website. Only you may use your credentials.

7.2 Choice of password. You must choose a password. It must be at least 10 charactersin length. It should be difficult to guess. For example, don’t use words found in a dictionary, derivatives ofyour user ID and common character sequences such as “123456”. Also don’t use personal details suchas your spouse’s name, car registration number, ID number, passport number and birthday, unless accompanied byadditional unrelated characters. The password you choose should also not be any part of speech including, propernames, geographical locations, common acronyms, and slang.

7.3 Access. Only authorised users may access the website by using theircredentials.

7.4 Authorised user obligations. Each authorised user agrees:

  • to keep their credentials secure;
  • not to disclose their credentials to any other person;
  • not to provide access to any person;
  • to secure all data under their control;
  • not to interfere with the functionality or proper working of the website;
  • not to introduce any viruses, worm, logic bomb, trojan, wares, potentially unwanted program (PUP) or other malicious software into the website; and

7.5 Each authorised user is responsible and liable for activities that occur under their account. You authoriseus to act on any instruction given by an authorised user, even if it transpires that someone else has defrauded bothof us, unless you have notified us in writing prior to you acting on a fraudulent instruction. We are not liable forany loss or damage suffered by you attributable to an authorised user’s failure to maintain theconfidentiality of their credentials.

7.6 Payments. Our security obligations relating to any payment systems we might useare dealt with in our security policy, the terms of which are incorporated here.

7.7 Monitoring security. We reserve the right to take whatever action we deemnecessary to preserve the security and reliable operation of our systems and you undertake that you will not do orpermit anything to be done which will compromise our security. If:

  • we are unable to verify any information you provide to us; or
  • we reasonably believe that your activities pose a significant credit or fraud risk to us or our other customers, or may cause financial loss or legal liability for us, our other customers, or you

then we shall be entitled to suspend or terminate your use of the website.

7.8 Deactivation or deletion. You may deactivate or delete your account, for anyreason.

Changes

8.1 Changes to the Terms. We may change the terms at any time and where this affectsyour rights and obligations, we will notify you of any changes by placing a notice in a prominent place on thewebsite or by email.  If you do not agree with the change you must stop using the services.  If youcontinue to use the services following notification of a change to the terms, the changed terms will apply to youand you will be deemed to have accepted such terms.

8.2 Acceptance of changes. If you do not agree with the changes, you must stop usingthe website. If you continue to use the website following notification of a change, the changed terms will apply toyou and you will be deemed to have accepted them.

1. Limitation of liability

8.3 Direct damages limited. To the extent permitted by applicable law, regardless ofthe form (whether in contract, delict or any other legal theory) in which any legal action may be brought, eachparty’s maximum liability for direct damages for anything giving rise to any legal action will be an amountequal to the total fees already paid (or due and payable) by you to us in respect of this Agreement for the period12 months preceding the claim.  The aggregate amounts for all claims will not be greater than the maximumamount.

8.4 Indirect damages excluded. To the extent permitted by applicable law, in no eventwill a party be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeableor unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged dataor software, loss of use, damages relating to downtime or costs of substitute products) arising from thisAgreement.

8.5 Liability. Without limiting liability, neither party will be liable to the otherfor any loss that it may suffer as a result of theft, fraud, or other criminal act by a party or itspersonnel.

2. Breach and termination

If a party:

  • does not fix any breach of this agreement (failure to comply with it) within seven days of receiving written notice from the other party to do so;
  • breaches this agreement materially twice or more in any six month period;
  • is insolvent (bankrupt), or has some legal disability, for example, if they are placed under administration;
  • takes steps to deregister itself (close down) or is deregistered;
  • makes any settlement or arrangement with its creditors;
  • fails to pay a court order against it (does not satisfy a writ of execution) for more than one million rand, within 21 days;

then the other party may, without prejudice to any of its rights:

  • claim specific performance of this agreement (make the party comply with this agreement); or
  • immediately cancel this agreement in writing; and
  • claim damages from the other party, including any claim for any fees already due.

3. Disclaimer of warranties

8.6 Disclaimer. You use our services at your sole responsibility and risk.  Weprovide the services on an “as is” and “as available” basis.  Except for the warrantiesgiven in this agreement and to the extent allowed by law, we expressly disclaim all representations, warranties, orconditions of any kind, whether express or implied, including:

any implied warranties or conditions of satisfactory quality, no latent defects, merchantability, fitness for aparticular purpose, accuracy, system integration, quiet enjoyment, title, and non-infringement; or

that the services will meet your requirements or be uninterrupted, legally effective or complete, timely,secure or error-free.

4 Notices and domicile

8.7 Notices. The parties will send all notices, authorisations, disclosures,acknowledgements, or requests by hand delivery, prepaid registered post, fax, or email to an address or number givenin the specific terms.

8.8 Service (delivery) address for legal documents. Each party chooses its streetaddresses and numbers as its domicilium citandi et executandi (its address for the service of any document used inlegal action) for this agreement.

8.9 Change of addresses or numbers. Each party may change the addresses or numbers inthe specific terms to any other addresses or numbers in South Africa by writing to the other party 14 days beforethe change.

8.10 Deemed delivery. Notice will be considered to be delivered on the date shown onany hand-delivered, prepaid registered post, courier, fax or email confirmation of delivery.

8.11 Notice actually received. If a party actually receives any notice or othercommunication, this will be good enough.

5. Force Majeure

8.12 Parties not liable. No party will be responsible for any breach of thisagreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane,industrial action, government restrictions, or acts of God.

8.13 Right to cancel. If a party cannot fulfil a material (significant) part of itsresponsibilities under this agreement for more than 60 days because of force majeure, the other party may cancelthis agreement by written notice.

6. Assignment and subcontracting

8.14 No assignment. No party may delegate its duties under this agreement or assignits rights under this agreement, in whole or in part.  We may assign this agreement to any successor orpurchaser of its business or some of its assets.

8.15 Exception. Despite this clause, we may cede and assign all rights andobligations under this agreement to a related person without your prior written consent, provided that we notify youwithin a reasonable time of the event occurring.

8.16 Our third party contractors. We may sub-contract or delegate our obligationsunder this agreement to third party contractors.  We will remain liable for performance of the third partycontractors.  No one may require us to disclose the terms (including payment terms) of any sub-contract enteredinto with respect to our obligations under this agreement.

7. General

8.17 Electronic communications. To the fullest extent permitted by law, you consentto receiving all notices and other communications from us electronically. Electronic communications may be posted onour website or sent to the email address we have on record for you. Please print a copy of each communication andretain it for your records.

8.18 Entire agreement. The agreement is the entire agreement between the parties onthe subject.

8.19 Waiver (giving up of rights). Any favour we may allow you will not affect orsubstitute any of our rights against you.

8.20 Severability. If any term is void (invalid), unenforceable, or illegal, the termmay be severed (removed) from and will not affect the rest of this agreement if it does not change itspurpose.

8.21 Governing Law. South African law governs this agreement.

8.22 Jurisdiction. Customer consents to the jurisdiction of the Magistrate’sCourt in respect of any action or proceedings that Vendor may bring against Customer in connection with thisAgreement, even if the action or proceedings would otherwise be beyond its jurisdiction without prejudice to Vendorsright to institute any action in any other court having jurisdiction.

8.23 Non-exclusivity. We may provide any goods or services to any other person orentity.

8.24 Costs. Each party is responsible for its own costs of drafting and negotiatingthis agreement.

8.25 Countries. You may only make offers for goods for delivery to the countriesspecified by us. If your shipping or billing address is not amongst those specified, you must not make an offer. We are only able to sell into the countries specified, and we are only able to ship to those countries.

 

 

Payment Details

ACGL currently uses Payfast to process payments. Accepted payment methods include but are not limited to: Credit card (Visa and Mastercard), Instant EFT and Mobicred.

Delivery Information

Most items listed on this website are not held in stock at our premises (other than ACGL Branded items) and are rather ordered from various suppliers as orders are placed. We will give you an estimated delivery time. Certain items such as fully-assembled PCs may have a slightly longer lead-time (due to the fact that they'll need to be assembled and tested). Should any item not be in stock with our suppliers, we will contact you to suggest a substitute product. At this point, you may accept the substitute, place the item on backorder or cancel the item from your order.

Orders will be placed with our suppliers once payment has been received.

Delivery Options:

  • Door-to-door Courier (via Internet Express):
    • NOTE: Door-to-door Couriers do not deliver to PO Boxes. Please provide a Street Address at checkout.
    • Your order will be delivered directly to your door. Please note that your order's weight is calculated using the higher value of actual or volumetric mass for each product. The delivery rate is calculated according to the total weight of the items in your cart, the total price of the cart as well as the destination address.
    • To receive an estimate on the delivery charge, please enter your delivery details in the Checkout form.
    • We currently do not ship to remote locations such as farms and mines.

How long will delivery take?
Typically, we'll get the courier to collect your order within 24 hours. Delivery timeframes for each courier are displayed on the checkout page before you complete the order. These timeframes are valid for business days, and take effect from the time that we dispatch your order.

If you're not in one of the major centres listed delivery may take 1 or 2 days longer than the above specified times. All packages are fully trackable and tracking numbers will be provided once your order has been shipped.

Media Usage Rights FOR EVENTS

By purchasing a ticket for any event hosted or sponsored by ACGL, you agree that ACGL, its partners, and affiliated media personnel have the right to capture and use photographs, videos, or live stream footage of you during the event. These media assets may be used for promotional, marketing, or broadcast purposes on our websites, social media, or other public platforms. You waive any claims to royalties or compensation arising from or related to the use of your likeness in these media materials. If you do not wish to appear in event media, please contact us in advance to discuss accommodations.

Returns Policy 

Returns:
If a client is not satisfied with a purchase, it can be returned within seven days of the delivery for a full refund, less the shipping costs. Full refunds will only be issued if products are returned unopened and with all packaging and any other materials that were part of the original purchase.

Should an opened product be returned, a re-stocking fee of up to 25% will be charged, provided that all the original packaging and all materials are provided with it. Should an opened item be returned without some or all of the original packaging and materials, ACGL reserves the right, at its sole discretion to levy an additional fee.

Goods returned in opened packaging need to be returned in a condition that is fit for resale. Software, clothing and consumables can only be returned if they have not been opened. In the case of clothing being delivered in the incorrect size, a return will be accepted if ACGL is notified within 24 hours of receiving the item.

All products being shipped back to ACGL should be carefully packed in protective materials where necessary. The package should have the order number, RMA form as supplied by us and return address clearly marked. Should a product be damaged while being shipped to our offices; ACGL will not be liable for the damages. It is recommended to insure any items that you send to us.

All orders cancelled by the client prior to shipping (being prior to fulfilment), for which payment has been received by ACGL, will be refunded to the client in full including any delivery charges quoted. This means that all payments made by the client and received by ACGL are fully refundable deposits until the order is shipped (“fulfilled”) by ACGL.

Replacements:
All products sold by ACGL are covered by the manufacturer's original warranty, which is at least 1 year from the date of order, unless otherwise stated. Some products have longer manufacturer warranties, and we honour these warranties as well.

Should you have a faulty item, contact us and we'll assist you by providing you with the details for the return process. In this case, the customer will be responsible for arranging delivery of the faulty item back to ACGL, but ACGL will cover the return shipping costs back to the customer.

In the unlikely event that a product sold by ACGL is DOA (Dead on arrival) or becomes faulty within 30 days of the delivery date, we will arrange for a courier to collect the item from you and will cover the shipping costs both ways.