DOTDOT'S TERMS AND CONDITIONS OF WEBSITE USE AND SERVICES
By accessing or using
www.dotdot.direct
or any of its related blogs, websites (www.dotdot.enterprises) or
platforms (collectively, “the Website”), owned by
DotDot Enterprises (Pty) Ltd.
(reg: 2014/222064/07) (“DotDot”), a private limited liability company registered and operating in
accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to the
terms
and conditions contained herein (the “Terms”). All rights in and to the content of the Website
remain
at all times expressly reserved by DotDot.
Please pay specific attention to the BOLD paragraphs of the DotDot Terms. These paragraphs limit the risk or
liability of DotDot, constitute an assumption of risk or liability by you, impose an obligation by you to
indemnify
DotDot or is an acknowledgement of any fact by you.
Please read these terms carefully before accessing or using the Website and/or Website Services. DotDot will
assume
you have read and understood these terms should you continue to access or make use of the Website and/or Website
Services.
It is important to note the following:
-
The terms "user", “you" and “your” are used interchangeably
in
these Terms and refer to all persons accessing the Website or Website Services for any reason whatsoever.
Accordingly, the terms “us”, “our” or “we” refer to DotDot or
its
possession.
These terms were last updated on 19 October 2023.
1.
INTRODUCTION TO THE WEBSITE AND SERVICES
1.1. DotDot provides an online platform which, amongst other services (“Website Services”),
operates
as an online marketplace allowing independent retail vendors (“Vendors”) to advertise their
products
on the Website for review and purchase ("Vendor Services"). Users on the Website
("Shoppers") can browse through the various Vendors and Vendor Services with the option of
purchasing
products from multiple Vendors in one purchase order. Once confirmed, Shoppers and Vendors then conclude a
transaction
between them in relation to the various Vendor Services using the Website to facilitate the engagement. Such
transactions and/or engagements formed between the Vendor and Shopper are entirely private transactions between
those
relevant users and has nothing further to do with DotDot.
1.2. Depending on the exact Website Services used, users may need to pay a fee to DotDot, which fee shall be
determined as per these Terms and Website-provided information and explained to a user before incurring any fee.
1.3. These Terms explain the conditions applicable to all users, including Shoppers and Vendors, using the Website
and/or the Website Services. To become a Vendor on the Website, you must conclude a separate Vendor service level
Agreement with DotDot.
1.4. To use the Website Services and/or become a Vendor or Shopper, users must register on the Website using the
prompted methods and submit any required information to create a “Profile”, more information is
provided about this below.
1.5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from
time to
time and will be effective upon DotDot uploading the amended Terms to the Website. Your continued access or use of
the
Website and/or Website Services constitutes your acceptance to be bound by the Terms, as amended. It is your
responsibility to read these Terms periodically to ensure you are aware of any changes.
1.6. Supplemental terms may apply to certain Website Services, such as policies for a particular activity or
service,
and such supplemental terms will be disclosed to you in connection with the applicable Website Services.
Supplemental
terms are in addition to and shall be deemed incorporated into the Terms for the purpose of the Website Services.
1.7. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages
against
the infringing party and/or be a criminal offence.
1.8. 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. RELATIONSHIP BETWEEN THE PARTIES
2.1.
DOTDOT PROVIDES SOFTWARE SERVICES AND IS NOT AN AGENT, INTERMEDIARY NOR PARTNER OR OTHER ADVISER TO ANY USER.
ALL
TOOLSPROVIDED ON THE WEBSITE OR AS PART OF THE WEBSITE SERVICES ARE FOR INFORMATION
PURPOSES
ONLY, WHERE ANY FORMAL
ENGAGEMENT BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH DOTDOT HOLDS NO
RESPONSIBILITY.
2.2.
All users understand and expressly agree that a Vendor is at all times an independent service provider, and is
not
an employee, partner or agent of DotDot’s in any regard. As such, all Vendor/Vendor Service-related issues are
exclusively the liability of the Vendor, and not of DotDot. DotDot may assist the users in engaging, via the
Website, but the Vendor is always responsible and liable for any and all of their Vendor Services offered.
2.3. If a Vendor is engaged by a Shopper in a formal relationship during/subsequent to their use of the Website
and
Website Services, these parties do so entirely at their own risk and via private arrangement.
2.4. Although DotDot curates Vendors prior to being placed on the Website, DotDot is not responsible for the
quality
or standard of any information advertised or displayed on any Profile or derived from any tool used on the
Website.
3. USER REGISTRATION PROCESS
3.1. To become a Shopper or a Vendor on the Website you must complete the necessary registration process detailed
on
the Website and acquire a “Profile”. Each user shall have only one (1) Profile and agrees to
provide
accurate, current, and complete information during the registration process and to update such information as and
when
it changes.
3.2. DotDot requires you to submit your name, email, contact number, company name, company registration number and
address when registering a Profile. Vendors may then set up additional features of their Profile, including adding
information about their business and Vendor Services which setup may require further information to be submitted,
as
prompted by the Website.
3.3. To protect your privacy and security, the Website takes reasonable steps to verify your identity by
requesting
your Profile username and password to grant access to your Profile and data. To view or change your personal
information provided, you can use the forgot password option on “Sign In” or email
info@dotdot.direct
.
3.4. By entering your personal information on the Website, you warrant that the person using the Website is you
and/or
you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all
actions perpetrated therewith and thereon, and you should not share your login details or password with anyone.
3.5. By submitting your personal information to the Website for its use in a Profile or otherwise, you consent to
DotDot using this information to facilitate a connection between you and another user. Please see DotDot’s Privacy
Policy for more details on how DotDot uses and processes your personal information.
3.6. Users must be over the age of 18 (eighteen) and have the full legal capacity to enter into, understand, and
be
bound by a lawful contract. If you are under the age of 18 (eighteen), you must not use the Website and/or
Services,
nor provide us with any of your personal information.
4. SERVICES
4.1. The Website and DotDot provide various online marketplace services, which amongst others, include the
following
great offerings for both Shoppers as well as Vendors:
For Shoppers:
4.1.1. Shoppers can search through the various Vendors on the Website and engage them on acquiring their Vendor
Services from them, using the faciliatory tools of the Website.
4.1.2. Shoppers understand that because the Vendor is an independent seller of retail goods/services, it may have
its
own terms of sale/service which, if applicable, will be provided to the user by the relevant Vendor when a
purchase is
being made from them. The Vendor’s terms may include provisions on refunds, confirmation of sale and the invoicing
requirements applicable.
For Vendors:
4.1.3. Vendors can have their Vendor Services and subsequent goods/services listed on the Website for Shoppers to
then
search through and purchase from the Vendor.
4.1.4. Vendors can then maintain and build their Profile to advertise and sell their Vendor Services in whatever
way
they see fit (subject to these Terms) including dictating their own terms of sale for each transaction.
Engaging with our Social Media platforms:
4.1.5. Follow us on Facebook, Instagram, Twitter, and LinkedIn for up to date and exciting happenings in our
community
and company.
4.2. For further information on the current Website Services available generally or applicable to you, please
contact
info@dotdot.direct
who will gladly assist or visit the “About Us” page on our Website for details of our applicable Services at any
given
time.
5. FEES
Fees owed by Shoppers to DotDot:
5.1. To use the Website Services and browse the Vendor Services as a Shopper is free Naturally, the purchase of
Vendor
Services from Vendors via the Website will attract a fee.
5.2. Shoppers will be responsible for paying the total purchase price indicated at checkout which includes the
Vendors
fee for the Vendor Services purchased as well as the delivery fee which is owed to DotDot for the cost of delivery
of
the order made.
Fees owed by Vendors to DotDot
5.3. Vendors will need to pay a fee to DotDot to use the Website Services (“Fee”). The Fee is
paid by
the Vendor to be allowed to create and maintain their Profile on the Website and be able to sell their Vendor
Services
to Shoppers via the Website using its facilitatory tools.
5.4. DotDot has various packages available for Vendors to choose from which chosen package shall constitute the
Fee.
Each package shall comprise of either two or more of the following components:
5.4.1. a once-off sign-on fee
5.4.2. a monthly subscription fee;
5.4.3. a sales commission based on the value of a transaction; or
5.4.4. a transaction fee per order for Vendor Services listed by the Vendor.
5.5. For an indication of the packages available from DotDot, please - click on the “Become a Vendor” button and
follow the steps on the page.
5.6. Any amount paid by a Shopper for the Vendor Services is split between DotDot and the Vendor, with DotDot
receiving a portion of the fee paid in accordance with the Vendor's chosen package. The splitting of the fee and
the
subsequent payment to either party will be actioned and facilitated by DotDot's authorised payment services
provider.
5.7. Once the split payment has been actioned, the Vendor will receive an invoice indicating the exact amount of
the
Fee paid by the Vendor which amount it will receive, as well as the percentage and amount allocated to DotDot.
5.8. Any payment of a Fee by a Vendor to DotDot will be facilitated by DotDot using the preferred payment method
designated in your Vendor Profile after which DotDot will send the Vendor an invoice by email. If your primary
Profile
payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that DotDot
may
use a secondary payment method in your Profile, if available.
Fees owed between a Shopper and Vendor:
5.9. Once a Shopper has confirmed their choice of Vendor Services, they must use the relevant links and prompts on
the
Website to add the chosen products to their shopping cart. Once the Shopper has confirmed their shopping cart,
they
must pay the total listed purchase price in order to initiate a contract of sale between the Shopper and the
Vendor.
5.10. A Tax Invoice will be supplied once an order has been confirmed.
General:
5.11. You may contact us via email at
info@dotdot.direct
to obtain a full record of your payment for any transaction conducted via the Website Services.
5.12. DotDot and/or a Vendor may, from time to time, provide certain users with promotional offers and discounts
that
may result in different amounts charged for the same or similar services obtained through the use of the Website
Services, and you agree that such promotional offers and discounts unless also made available to you, shall have
no
bearing on your use of the Website Services or the fees applied to you.
5.13. All amounts stated shall be exclusive of Value Added Tax (“VAT”) and any other applicable
taxes/fees, unless otherwise stated and required by law. All applicable taxes, duties or fees will be detailed to
you
before you affect any transaction with DotDot.
5.14. DotDot is committed to providing secure online payment facilities. All transactions are encrypted using
appropriate encryption technology as operated by our authenticated payment service providers.
5.15.
DotDot reserves the right to establish, remove and/or revise any Fees for any or all services obtained using the
Website Services at any time in DotDot’s sole discretion.
DotDot will use reasonable efforts to inform you of all charges or Fees that may apply to you, provided that you
will
be responsible for the payment of all Fees properly incurred under your Profile.
6. SHIPPING, CANCELLATIONS, AND RETURNS
Shipping and Delivery
6.1. Please see DotDot's Delivery and Shipping Policy for our comprehensive terms applicable to the shipping and
delivery of any order.
6.2. Once an order is made by a Shopper from a Vendor on the Website, DotDot will send an automated e-mail to the
Shopper confirming the sale and address to which the order must be sent.
6.3. The order will be shipped with a tracking number within 3 (three) working days to the address provided by the
Shopper in the registration process. Shipping time and costs will vary depending on the location of the Shopper.
6.4. If you have placed an order that you wish to change or cancel, please email us at
customercare@dotdot.direct
to discuss. If the order has not yet been processed, you will receive a full refund for the value of the amount
paid.
If your order has already been processed, then our return provisions are applicable.
6.5. The shipping costs, including but not limited to any courier costs, are to be paid by the Shopper. Our
delivery
charges are subject to change at any time, without prior notice to you, so please check the Website for the most
up-to-date information. You will see the applicable delivery charges in your cart when you check out, which amount
is
based on various applicable considerations, such as the location of the Shopper.
6.6. DotDot’s obligation to deliver an order to you is fulfilled when we deliver the order to our nominated
delivery
service provider, accepted by you, who will deliver the order to you. DotDot is not responsible for any loss or
unauthorised use of an order after it has been delivered to the physical address nominated by you, or to our
nominated
delivery service provider, accepted by you.
Returns and Exchanges
6.7. Please see DotDot's Returns and Exchanges Policy for our comprehensive terms applicable to the return or
exchange
of any order or product.
6.8. Should a Shopper wish to return or exchange an order or a product in an order to DotDot for any reason, they
may
do so within seven (7) days from their receipt of the order or product. The Shopper will be responsible for
notifying
DotDot of the order or product's impending return, to ensure the order or a product's physical return to DotDot in
its
original, unsoiled condition and packaging. This condition is in addition to all other rights conferred on you by
relevant consumer and online protection laws.
6.9.
A Shopper cannot return or exchange any product which has been purchased when it was subject to a sale or a
sale’s-reduced price or any perishable, cosmetic, or intimate product.
7.
SHOPPER AND VENDOR RESPONSIBILITIES AND WARRANTIES
7.1. By using the Website and/or the Website Services, you warrant that:
7.1.1. you have read and agreed to these Terms and will use the Website in accordance with them;
7.1.2. you have not made any misrepresentations and the information provided in the registration process and/or
related to your Vendor Services is true, accurate and complete in every regard;
7.1.3. you will timeously pay any due Fees to DotDot when required to do so under these Terms;
7.1.4.
you expressly understand and agree to how DotDot is only a facilitating party for all users, and any liability
stemming from any Vendor Services lies exclusively with the relevant Vendor, and not with DotDot;
7.1.5. you are the age of majority in your country of residence and/or possess the legal authority and capacity to
act
on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the
Website for the use of it or the Website Services;
7.1.6. you will not post, upload, replicate or transmit any abusive content on the Website that is or could
reasonably
be considered, in DotDot’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive,
racist,
sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from
properly
using the Website;
7.1.7. you will not send any unsolicited electronic messages or use any software, routine or device to interfere
or
attempt to interfere electronically or manually with the operation or functionality of the Website including but
not
limited to uploading or making available files containing corrupt data or viruses via whatever means or deface,
alter
or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
7.1.8. you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your
receipt
of any fees from another user, as is required by the system of law to which you are subject, where DotDot is not
liable at all for such payment of any such tax, duty or VAT on your behalf;
7.1.9. you will not infringe any third party’s or the Website’s intellectual property or other rights or transmit
content that the user does not own or does not have the right to publish or distribute;
7.1.10. you will treat all other users and Vendors with respect and dignity at all times;
7.1.11. you will not use the Website platform for any commercial purpose other than as expressly provided for by
DotDot and the Terms;
7.1.12. you will not use the Website to breach any applicable law or regulation or perform or encourage any
illegal
activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances,
services, information or devices; and
7.1.13. you will not facilitate or assist any third party to do any of the above,
failing which, same infringement will be automatically deemed to be a material breach of these Terms, and
sanctions
will be levied against the infringing party.
7.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to
obtain these devices and any data network access necessary to utilise the Website. The network’s data and
messaging
rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
7.3.
Without prejudice to any of DotDot’s other rights (whether at law or otherwise), DotDot reserves the right to
deny
you access to the Website or the Website Services where DotDot believes (in its reasonable discretion) that you
are
in breach of any of these Terms, or for any other reason, provided it provides you with relevant notice.
7.4.
DotDot does not guarantee that the Website, or any portion thereof, will function on any particular hardware or
device.
8. ADDITIONAL TERMS FOR VENDORS
8.1. The following terms are applicable to Vendors only, relating to their use of the Website Services, the
Website as
well as the offering of their Vendor Services on the Website.
8.1.1. The Vendor’s acceptance or signature of any Vendor service level agreement and any use of the Website
indicates
the Vendor’s explicit/tacit acceptance of the Terms.
8.1.2.
Vendors explicitly understand and agree that DotDot and/or the Website does not sell nor offer any Vendor
Services
in whatever nature or form, but simply enables private Shoppers and Vendors to meet and transact, using the
Website.
The Vendor is the seller of their Vendor Services to the Shopper, and the Shopper is the buyer of the Vendor
Services from the Vendor; DotDot and the Website are merely a limited general facilitator for both parties to
conduct their private transaction with convenience.
8.2. Vendor Warranties and Responsibilities:
8.2.1. The Vendor, by being included on the Website, warrants that it will at all times:
8.2.1.1. advertise and make available their Vendor Services for solicitation and purchase from Shoppers on the
Website;
8.2.1.2. timeously accept and complete all Vendor Services orders placed by a Shopper through the DotDot Website
with
the Vendor from time to time;
8.2.1.3. have all of the applicable and required qualifications, trading/business rights, permits, registrations,
licenses and/or regulator authorizations to provide the Vendor Services in all jurisdictions which laws they and
their
services are subject;
8.2.1.4. make available to any buying Shopper the Vendor’s particular terms of sale which may apply to that
transaction, before the sale is finalised, which the user may accept or reject, and which must be adhered to by
the
Vendor;
8.2.1.5. shall maintain and be responsible for any registration or access to the Website required to render its
transactional Vendor Services to a Shopper on the Website;
8.2.1.6. never circumvent or attempt to circumvent the Website and/or DotDot in providing their Vendor Services to
Website users outside of the Website with the intention of deriving a sole and exclusive benefit, to the detriment
of
DotDot;
8.2.1.7. adhere to all applicable consumer protection and other laws when conducting their private transactional
engagement with Shoppers, as well as in making their Vendor Services available for sale in South Africa (including
all
duties for the Vendor to apply relating to personal data processing standards and/or Know-Your-Client or
Anti-Money
Laundering duties which may be applicable, labelling, age-restrictions and hazard warning prescriptions);
8.2.1.8. allow, and grant to, DotDot a non-exclusive and non-transferable right to the Vendor’s intellectual
property
(including pictures and descriptions of the Vendor, and their Vendor Services offered) to be used only on the
Website
and/or by DotDot when advertising or describing the Vendor’s Services on the Website or to other Vendors and/or
Website users; and
8.2.1.9. provide correct and up-to-date information regarding the Vendor Services, including applicable prices,
work
availability, service characteristics, any applicable warnings, other necessary Vendor details and/or Vendor
qualifications and characteristics, to DotDot and/or the Website when necessary or requested,
failing which, the Vendor will immediately be deemed to be committing a material breach of these Terms, allowing
DotDot to claim contractual damages from the Vendor for any losses DotDot suffers thereby.
8.2.2. All Vendor Services fees charged by the Vendor to a Shopper for the ordered Vendor Services must exactly
match
the fees advertised by the Vendor for that particular Vendor Service on the Website.
8.2.3. It is the sole responsibility of the Vendor to collect and pay any relevant, applicable income tax, VAT or
other taxes associated with advertising and selling its Vendor Services and generally, including ensuring that any
Vendor Services fee represented on the Website/their quote, includes these taxes or fees as and when required.
8.3. In the event that a Shopper purchases Vendor Services from the Vendor using the Website:
8.3.1. Once a Shopper makes a purchase of Vendor Services via the Website, confirmation of same must be concluded
by
the Vendor using/subject to the following process:
8.3.1.1. the Vendor will accept the purchase on the Vendor Dashboard,
8.3.1.2. a system-generated email will be sent to the Shopper confirming the order;
8.3.1.3. the Vendor processes the Shoppers order and prepares it for delivery by DotDot;
8.3.1.4. at each instance, the Vendor updates the system to indicate order fulfilment;
8.3.1.5. a system generated email will be sent out to Vendors and Shoppers to confirm the successful order
completed;
and then
8.3.1.6. the Vendor can invite the Shopper to leave a review or rating of services provided.
8.4. Notwithstanding the above, should a Shopper receive Vendor Services that they deem as unacceptable and are
entitled to reject under applicable laws, the Shopper and Vendor will engage with each other as the private
parties to
the transaction and reach an amicable solution amongst themselves. DotDot does not have to but reserves the right
to
become involved in any such dispute in order to assist the private parties to reach a solution. DotDot is however
under no obligation to do so.
8.5.
All liability related to the offering, advertisement and/or provision of the Vendor Services lies strictly with
the
Vendor as the provider of same Vendor Services to the Shopper, which the Shopper is made explicitly aware of.
8.6. The Vendor shall not be entitled to cede, assign, transfer, or delegate all or any of its rights,
obligations,
interests in, under or in terms of the Terms to any third party without the prior written consent of DotDot.
9.
RECEIPT AND TRANSMISSION OF DATA MESSAGES
9.1. Data messages, including email messages, sent by you to DotDot will be considered to be received only when
acknowledged or responded to.
9.2. Data messages sent by DotDot to you will be regarded as received when the complete data message enters an
information system designated or used for that purpose by the recipient and is capable of being retrieved and
processed by the recipient.
9.3. DotDot and/or Vendors reserve the right not to respond to any email or other data message which contains
obscene,
threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action
against the sender of such email or data message where necessary.
9.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted,
lost, or
corrupted. DotDot is therefore not responsible for the accuracy or safety of any message sent by email or
automated
systems over the internet, whether between DotDot and a user, or between users.
10. HYPERLINKS, DEEP LINKS, FRAMING
10.1. The Website may include links to other internet sites ("the other sites"). DotDot does not
own
or endorse the other sites and is not responsible for the information, material, products or services contained on
or
accessible through the other sites. Any such hyperlinks do not imply any DotDot endorsement, agreement on or
support
of the content or products of such target sites.
10.2. DotDot does not purport to own the content on the other sites which may be shown on the Website.
10.3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by
the
relevant third party and/or Vendor.
11. ADVERTISING AND SPONSORSHIP
11.1. The Website may contain advertising and sponsorship from third parties. Advertisers and sponsors are
responsible
for ensuring that material submitted for inclusion on the Website complies with all applicable laws and
regulations.
11.2. DotDot, its shareholders, employees, suppliers, partners, affiliates, and agents accordingly exclude, to the
maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in
advertising
or sponsorship material.
12. INTELLECTUAL PROPERTY PROTECTION
12.1. All Website material, content, information, data, software, icons, text, graphics, lay-outs, images, sound
clips, advertisements, video clips, Vendor Service descriptions, Vendor logos, trade names, logos, trademarks,
designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the
underlying software code and everything submitted by a user to the Website and DotDot in use of the Website
Services,
(“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by DotDot,
its
legitimately authorised third-parties, its shareholders, associates and/or partners, whether directly or
indirectly,
and as such, are protected from infringement by domestic and international legislation and treaties.
12.1.1. For clarity, all rights to any intellectual property provided by a user to the Website will remain with
the
user, but for which the user has provided DotDot with a non-exclusive, non-transferable licence to use such user
intellectual property as DotDot deems fit on the Website and/or in advertising, for as long as the user remains
registered on the Website.
12.2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the
Website are expressly reserved.
You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any
intellectual
property, editorial content, graphics or other material on the Website or the underlying software code whether
in
whole or in part, without the written consent of DotDot first being granted
, which consent may be refused at the discretion of DotDot. No modification of any intellectual property or
editorial
content or graphics is permitted.
12.3. DotDot reserves the right to make improvements or changes to the intellectual property, information,
graphics,
and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the
Website,
at any time without notice; provided that any transactions already concluded through the Website resulting in any
fees, will not be affected by such suspension or termination, as the case may be.
12.4. Where any of the Website intellectual property has been licensed to DotDot or belongs to any third party,
other
than that which has been submitted by a user to the Website in the use of the Website Services, all rights of use
will
also be subject to any terms and conditions which that licensor or third party imposes from time to time and you
agree
to comply with such third-party terms and conditions.
12.5. Subject to adherence to the Terms, DotDot grants users a personal, non-exclusive, non-assignable and
non-transferable license to use and display all content and information contained in the Website on any machine
which
the user is the primary user. However, nothing contained on the Website should be construed as granting any
licence or
right to use any intellectual property without the prior written permission of DotDot.
12.6. Any enquiries regarding any of the above relating to intellectual property must be directed to DotDot at
info@dotdot.direct
.
13. PRIVACY AND DATA PROCESSING
13.1. Please see our comprehensive Privacy Policy to understand how we process your personal information when you
use
the Website and/or Website Services.
13.2. Your use of the Website Services (requiring your explicit acceptance of our applicable Privacy Policy)
constitutes your express consent for us to process your data. Further, we also rely on our contract of service
with
you as a Shopper and/or Vendor to process your data (a lawful ground to process your data other than express
consent).
13.3. Should users engage with each other, they agree and understand that they may be processing the data of the
other
party, to which processing data laws apply and they warrant they will be fully compliant with same applicable data
laws. Always read and understand the privacy policy and duties of any party processing your data.
14. Liquor
14.1. It is an offence in terms of South African liquor legislation:
14.1.1. for any person under the age of 18 years to purchase, or attempt to purchase, liquor and/or to present
false
evidence of his/her age to access liquor; and/or
14.1.2. to purchase liquor for or on behalf of any person under the age of 18 years.
14.2. DotDot is committed to complying with all applicable liquor legislation and therefore will only;
14.2.1. sell liquor to you if you are of or above the age of 18 years; and
14.2.2. deliver liquor to the address chosen by you if the liquor is received at such address by a person of or
above
the age of 18 years.
14.3. DotDot has implemented a number of precautions to ensure that it does not sell, supply and/or deliver liquor
to
persons under the age of 18 years. These precautions include without limitation:
14.3.1. indicating on the relevant liquor product page on the Website that such liquor product is not for sale to
persons under the age of 18 years;
14.3.2. he/she appears to be intoxicated.
14.4. By purchasing, or attempting to purchase, liquor from DotDot you hereby acknowledge and agree to these Terms
and
Conditions and agree to provide Takealot with truthful and accurate information and to comply with the applicable
liquor legislation.
15. Vaping Products
15.1. When buying certain vaping & CBD Goods on the Website, you may be required to verify your age and to provide
your ID document on delivery of the vaping Goods.
15.2. Vaping and / or CBD Products may only be sold to those over the age of 18. By using this website, you are
demonstrating your acceptance of the terms and conditions so by committing to buy goods from DotDot you are
declaring
that you are over 18. If DotDot finds out that you are under 18 your order will be cancelled immediately without
any
notice.
15.3. It is against the law to sell any electronic cigarette, Vape, or CBD products to under 18’s.
16. DISCLAIMERS AND WARRANTIES
16.1. The Website, including any intellectual property appearing therein, is provided "as is" and "as available".
DotDot makes no representations or warranties, express or implied, including but not limited to warranties as to
the
accuracy, correctness, or suitability of either the Website, the information provided by another user, the
information
contained about Vendor Services and/or on the Website in any way.
16.2. All information or opinions of users made available on the Website in relation to any of the Website
Services or
Vendor Services are those of the authors and not DotDot. While DotDot makes every reasonable effort to present
such
information accurately and reliably on the Website, DotDot does not endorse, approve, or certify such information,
nor
guarantee the accuracy or completeness of such information on the Website, in Vendor Services or from another
user.
16.3. DotDot, its shareholders, employees, and partners accept no liability whatsoever for any loss, whether
direct or
indirect, consequential or arising from information made available on (or by means of) the Website, other users
thereon, and/or transactions or actions resulting therefrom, including a user’s use of any Vendor Services in any
way.
16.4. DotDot, its shareholders, employees, partners, and affiliates, accept no liability whatsoever for any costs,
expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any
economic
loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and
offering of the Website Services, and access to, or use of, the Website in any manner.
16.5. Users from locations outside of South Africa, please note that DotDot complies with all South African laws
in
representing the Website Services. Should foreign law be applicable in any regard to your use of the Website
Services
and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law
and
indemnify DotDot from any liability it may acquire by virtue of its supply of the Website and/or Website Services.
16.6. DotDot takes reasonable security measures to ensure the safety and integrity of the Website and to exclude
viruses, unlawful monitoring and/or access from the Website. However, DotDot does not warrant or represent that
your
access to the Website will be uninterrupted or error-free or that any information, data, content, software or
other
material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful
components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should
take
their own precautions accordingly.
17.INDEMNITIES
17.1. The user indemnifies and holds harmless DotDot, its shareholders, employees, and partners from any demand,
action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as
tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or
Website Services offered or concluded through the Website in any way.
17.2. The user agrees to indemnify, defend, and hold DotDot harmless from any direct or indirect liability, loss,
claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Website
Services or Vendor Services and for breach of these Terms.
17.3. This clause will survive termination of this agreement.
18.COMPANY INFORMATION
18.1. Site/Domain owner: DotDot Enterprises (Pty) Ltd.
18.2. Company type: for-profit, private limited liability
18.3. Registration Number:2014/222064/07
18.4. Director: Vimal Ramkylas
18.5. Description of main business:Online marketplace platform
18.6. Telephone number:
0861 017 457
18.7. E-mail address: info@dotdot.direct
18.8. Website address/name:
www.dotdot.direct
18.9. Physical address: 377 Rivonia Boulevard, Sandton,
Johannesburg, Gauteng
19.
DISPUTE RESOLUTION AND GOVERNING LAW
19.1. Access and/or use of the Website, any downloaded material from it and the operation of these Terms
(including
any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of
South
Africa only.
Disputes between users and DotDot:
19.2. Should any dispute, disagreement or claim arise between a user and DotDot concerning the use of the Website
or
the Website Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the
best
interests of both parties in mind.
19.3. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the
parties may agree to in their negotiation, the parties will approach an independent industry expert who shall
mediate
the discussion between them, for the purposes of finding a mutually beneficial solution.
19.4. Either party may also always use the dispute resolution services of any applicable legislative tribunal or
ombud, as provided for in applicable legislation.
19.5. The parties both agree that in no circumstance will either party publicize the dispute on any social media
or
other public platform. The parties understand that any publicity of this nature can cause serious damage to the
other
party, which damage may result in a financial claim against the infringing party.
Disputes between users:
19.6. Should a dispute arise between users and their private transaction relating to the Vendor Services, said
dispute
is between the Shopper and Vendor exclusively, where DotDot is not responsible for fulfilling any function in any
way
or in any role.
19.7. The users agree that they shall handle their private dispute between them in the manner in which they
mutually
deem suitable and/or as prescribed by any relevant agreement concluded between them, and for the attempted benefit
of
both parties.
19.8. Notwithstanding the above, the parties in a private dispute must inform DotDot of the dispute in order for
DotDot to log the issues experienced, and to try assist both parties in whatever way it deems fit but is under no
obligation to do so.
20.
TERMINATION OF USE OF WEBSITE OR SERVICES
20.1.
IN ADDITION TO THE RIGHTS ABOVE, DOTDOT RESERVES THE RIGHT TO
TERMINATE
AND CANCEL YOUR PROFILE AND ACCESS TO THE WEBSITE SERVICES IF YOU BREACH ANY OF THE TERMS, OR
FOR ANY OTHER REASON IN ITS SOLE DISCRETION
PROVIDED THAT DOTDOT GIVES REASONABLE NOTICE TO YOU.
20.2. If a Shopper wishes to terminate their agreement with DotDot, or end their use of the Website Services, they
may
do so by deregistering their Profile with the Website and discontinuing their use of the Website.
20.3. Vendors are required to provide DotDot with no less than 30 (thirty) days' notice of their intention to
terminate their agreement with DotDot and end their use of the Website Services.
20.4. The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use
of
the Website Services shall survive the termination of these Terms for all purposes, including the payment of any
Fee
which was due and payable before termination to DotDot.
20.5. In the event of termination of your agreement with the Terms and with DotDot, DotDot will remove you from
the
Website and delete your Profile.
21.
NOTICES AND SERVICE ADDRESS
21.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving
of
any process and for any other purposes arising from these Terms as being:
21.1.1. in the case of DotDot at
info@dotdot.direct
; or
21.1.2. in the case of the user, at the email and addresses provided by the user to DotDot in the Profile
registration
process.
21.2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to
whom
the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice
has
not been given in accordance with this clause.
22. GENERAL
22.1. This document contains the entire agreement between the parties in relation to the subject matter hereof.
Save
as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any
force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised
representatives.
22.2. No indulgence, leniency or extension of time granted by DotDot shall constitute a waiver of any of DotDot’s
rights under these Terms and, accordingly, DotDot shall not be precluded as a consequence of having granted such
indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in
the
future.
22.3. Words importing the singular will include the plural and vice versa. Words importing one gender will include
the
other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
22.4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the
interpretation of any of the provisions to which they relate.
22.5. Should you have any complaints or queries, kindly address an email to
info@dotdot.direct advising DotDot of same.
22.6. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be
liable
for all legal costs (on the scale as between attorney and client) (including collection commission) which may be
incurred by DotDot, in its own capacity to the relevant user, in relation to the payment failure or breach and the
rectification of same.
22.7. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be
considered
severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid,
contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final,
binding
judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the
operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may
otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the
parties
hereto.
22.8. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer
protection
legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such
Prohibited
Provision shall be governed by the provisions of clause 20.7.
Annexure 1 - DOT DOT ENTERPRISES' PRIVACY AND PERSONAL INFORMATION POLICY
DOT DOT ENTERPRISES' PRIVACY AND PERSONAL INFORMATION POLICY
Dot Dot Enterprises (Pty) Ltd. (reg: 2014/222064/07) (“DotDot”) adheres to the
highest standards of protecting your personal information when we process it by virtue of your use of our
Services,
your use of our website
www.dotdot.direct
or any of its related blogs, websites, applications or platforms (collectively, “the Website”) or
by
providing us with your personal information in any other way. As such, we have created this specific and detailed
Privacy Policy for you to read and appreciate exactly how we safeguard your personal information and respect your
privacy (“Policy”).
· Please note that DotDot is a private limited liability company duly registered and operating in accordance with
the
laws of South Africa.
· For more information regarding your personal information lawfully stored or used by DotDot, please contact
info@dotdot.direct
who will gladly assist.
· Not all terms are necessarily defined in order or may be defined in our Terms and Conditions.
· Please ensure that you read all the provisions below, and our other DotDot rules and policies which may apply
from
time to time and made available to you, to understand all of your, and our, rights and duties.
Please use the following links to jump to the relevant sections described in this Privacy Policy:
1. Important information and who we are
2. The data we collect about you
3. How is your personal data collected
4. How we use your personal data
5. Disclosures of your personal data
6. Express Cookie Provisions
7. International transfers
8. Data security
9. Data retention
10. Your legal rights
11. Glossary
1.
Important Information and Who We Are
1.1. Purpose of this Privacy Policy
1.1.1. This Privacy Policy aims to give you information on how DotDot collects and processes your personal data
through any form of your engagement with DotDot such as your engagement with us when contracting or corresponding
with
us, when using our Services, accessing or using the Website, or providing us with your personal information in any
other way (such as when participating in surveys, participating in events or signing up for newsletters).
1.1.2. This Privacy Policy complies with, and facilitates the obligations required from, the South African
Protection
of Personal Information Act, No. 4 of 2013 (“POPI”), as amended.
1.1.2.1.
Users with citizenships from jurisdictions other than of South Africa, please note that DotDot complies with all
South African data protection laws when processing your personal information pursuant to the Services as we are
a
South African entity operating in the South African market. Should foreign law be applicable in any regard to
your
use of the Services and/or the Website in any way, including how we may process your personal information,
please
contact DotDot at
info@dotdot.direct
who will gladly
engage you on its application and your rights.
1.1.3. It is important that you read this Privacy Policy together with any other privacy policy or fair processing
notice we may provide on specific occasions when we are collecting or processing personal data about you, so that
you
are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is
not
intended to override them.
1.1.4.
We do not process special categories of personal data nor the data of minors. Do not provide us with any such
personal data, where the provision of same will constitute an immediate and automatic material breach of these
terms.
1.2. Responsible Party and Operator
1.2.1. DotDot is the “Responsible Party” and is responsible for your personal data in instances where we decide
the
processing operations concerning your personal data. Sometimes we also operate as a “Operator” of personal data on
behalf of a third-party Responsible Party, where that Responsible Party’s privacy terms will apply, but we will
draw
your attention to them, when applicable.
1.2.2. We have appointed a data representative at DotDot who is responsible for overseeing questions in relation
to
this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your
legal rights, please contact the representative using the details set out below.
1.3. Our Contact Details
1.3.1. Our full details are:
▪ Full name of legal entity: DotDot Enterprises (Pty) Ltd
▪ Information Officer: Vimal Ramkylas
▪ Email address:
info@dotdot.direct
▪ Telephone number: 086 101 7457
1.3.2. You have the right to make a complaint at any time to the South African regulator’s office (Information Regulator’s Office of South Africa). We would,
however,
appreciate the chance to deal with your concerns before you approach any such regulator, so
please contact us in the first instance.
1.4.
Changes to the Privacy Policy and Your Duty to Inform us of Changes
1.4.1. This Privacy Policy version was last updated on 25 May 2022 and historic versions are archived and can be
obtained by contacting us.
1.4.2. It is important that the personal data we hold about you is accurate and current. Please update your
personal
data yourself using the relevant prompts on the Website or keep us informed if your personal data changes during
your
relationship with us.
1.5. Third-Party Links on Website or otherwise
The Website may include links to third-party websites, plug-ins, and applications. Clicking on those links or
enabling
those connections may allow third parties to collect or share data about you. We do not control these third-party
websites and are not responsible for their privacy statements or terms. When you leave our Website or engage with
such
third parties, we encourage you to read the distinct privacy policy of every third party you engage with.
2.
The Data We Collect About You
2.1. Personal data, or personally identifiable information, means any information about an individual, both
natural
and juristic entities (i.e. people and companies), from which that entity can be identified. It does not include
data
where the identity has been removed (anonymous data).
2.2. We may collect, use, store, and transfer (“process”) different kinds of personal data about
you
which we have grouped together as follows:
2.2.1. Identity Data including first name, last name, username or similar identifier or the
information about your company such as company registration details, company address and name;
2.2.2. Contact Data including email address, physical/registered addresses, social media contact
details and telephone numbers;
2.2.3. Financial Data including bank account details, third-party payment provider information
and
payment card details (which we do not store but only provide to our authorised third-party payment service
provider
under contract with us);
2.2.4. Social Media Data including all information accessible on your publicly available profile
such
as images, photos, photo tags, likes, followers, comments, posts and stories;
2.2.5. Transaction Data including details about payments to and from you, contracts, contractual
terms, contract fees, signups, subscriptions, invoices and other details of products and services you have
obtained
from us, or provide to us;
2.2.6. Technical Data including internet protocol address/es, your login data, browser type and
version, time zone setting and location, cookies, browser plug-in types and versions, operating system and
platform
and other technology on the devices you use to access the Website;
2.2.7. Profile Data including your Website/Profile username and password, preferences, feedback,
ratings and reviews, and survey responses;
2.2.8. Usage Data including information about how you use our company, Website, surveys, events
and
Services; and
2.2.9. Marketing and Communications Data including your preferences in receiving notices and
marketing from us and our third parties and your communication preferences.
2.3. We also collect, use and share
Aggregated Data
such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data
but is
not considered personal data in law as this data does not directly or indirectly reveal your
identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific
Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly
or
indirectly identify you, we treat the combined data as personal data which will be used in accordance with this
Privacy Policy.
2.4. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail
to
provide that data when requested, we may not be able to perform the contract we have or are trying to enter into
with
you (for example, to provide you with services or allow you to provide us with your services). In this case, we
may
have to cancel Website-access or Services you have with us, but we will notify you if this is the case at the
time.
3. How is Your Personal Data Collected?
3.1. We use different methods to collect data from and about you, including through:
3.1.1. Direct interactions: You may give us your
Identity, Contact, Profile, Social Media, Transaction
and Financial Data by filling in various DotDot forms, Website forms or by corresponding with us
by
post, phone, email or otherwise. This includes personal data you provide when you:
3.1.1.1. use our Services;
3.1.1.2. use our Website;
3.1.1.3. contract with us;
3.1.1.4. consult with us;
3.1.1.5. complete forms;
3.1.1.6. sign-up for newsletters;
3.1.1.7. interact with us via webinar or social media such as a Facebook, Instagram or Twitter;
3.1.1.8. subscribe to any of our publications;
3.1.1.9. provide any services to us as a service provider or independent contractor on contract with us;
3.1.1.10. request information to be sent to you;
3.1.1.11. attend any DotDot event whether online or in person; or
3.1.1.12. give us some feedback.
3.1.2. Automated technologies or interactions: As you interact with our Website, we may
automatically
collect
Technical Data, Profile
and Usage Data about your equipment, browsing actions and patterns. We may collect this personal
data
by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you
visit other websites employing our cookies.
3.1.3. Third parties or publicly available sources: We may receive personal data about you from
various third parties and public sources as set out below:
3.1.3.1. analytics providers such as Google Analytics;
3.1.3.2. social media websites such as Facebook, Instagram, and Twitter;
3.1.3.3. survey data providers;
3.1.3.4. marketing platforms;
3.1.3.5. search information providers such as Google; and
3.1.3.6. providers of technical and/or payment services.
4.
How We Use Your Personal Data
4.1. We will only use your personal data when the law allows us to and for legitimate reasons, which you hereby
expressly understand and consent to. Most commonly, we will use your personal data in the following circumstances:
4.1.1. where we have your express consent to do so;
4.1.2. where we need to consult with you or perform on the Services contract we are about to enter into or have
entered into with you;
4.1.3. where it is necessary for our legitimate interests (or those of a third party) and your interests and
fundamental rights do not override those interests; and/or
4.1.4. where we need to comply with a legal or regulatory obligation.
4.2. Purposes for which we will use your personal data:
4.2.1. We have set out below, in a table format, a description of all the ways we plan to use your personal data,
and
which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where
appropriate, and which exact External Third Parties your personal data is handed to for same reasons.
4.2.2. Note that we may process your personal data for more than one lawful ground depending on the specific
purpose
for which we are using your data. Please contact us if you need details about the specific legal ground we are
relying
on to process your personal data where more than one ground has been set out in the table below.
PURPOSE / ACTIVITY
|
TYPE OF DATA
|
LAWFUL BASIS FOR PROCESSING INCLUDING BASIS OF LEGITIMATE INTEREST
|
SPECIFIC EXTERNAL THIRD PARTY TO WHOM THE INFORMATION IS PROVIDED (IF ANY)
|
To engage with you after you have contacted us requesting an engagement via the Website or otherwise
|
(a) Identity
(b) Contact
(c) Marketing and Communications
|
(a) Express consent
(b) Performance of a contract with you
(c) Necessary for our legitimate interests (to keep our records updated and to study how users utilize our
services, as well as to develop our services and grow our organisation)
|
Please contact DotDot at any time to obtain an exact list of such parties, which are too dynamically
changing
to list in this Policy.
|
To provide you with our Services as contracted (such as purchasing products)
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Profile
|
(a) Performance of a contract with you
(b) Express consent
(c) Necessary to comply with a legal obligation
(d) Necessary for our legitimate interests (to provide you with the Services you contracted to acquire
from
us, to keep our records updated and to study how users utilize our Services)
|
Please contact DotDot at any time to obtain an exact list of such parties, which are too dynamically
changing
to list in this Policy.
|
To contract with you as a service provider to DotDot
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
|
(a) Performance of a contract with you
(b) Express consent
(c) Necessary to comply with a legal obligation
(d) Necessary for our legitimate interests (to allow you to provide us with your services, to keep our
records
updated and to study how we may use third-party services)
|
Please contact DotDot at any time to obtain an exact list of such parties, which are too dynamically
changing
to list in this Policy.
|
To allow you to use the Website or participate in any DotDot event
|
(a) Identity
(b) Contact
(c) Usage
(d) Technical
|
(a) Performance of a contract with you
(b) Express consent
|
Please contact DotDot at any time to obtain an exact list of such parties, which are too dynamically
changing
to list in this Policy.
|
To provide it to our authorised third-party service providers who need your personal data to provide their
private services to you (such as payment gateway providers or couriers)
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to provide you with the Services you have contracted from the
authorised third-party, and to develop our services and grow our organisation)
(c) Express consent
|
Please contact DotDot at any time to obtain an exact list of such parties, which are too dynamically
changing
to list in this Policy.
|
To process and service your payment for any services rendered by DotDot or its service providers
To manage payments, fees and charges
|
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
|
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to make or receive necessary organisation payments)
(c) Express consent
|
Please contact DotDot at any time to obtain an exact list of such parties, which are too dynamically
changing
to list in this Policy.
|
To manage our relationship with you which may include notifying you about changes to our terms or Privacy
Policy or Services
|
(a) Identity
(b) Contact
(c) Marketing and Communications
|
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how users utilize our
Services)
(d) Express consent
|
Please contact DotDot at any time to obtain an exact list of such parties, which are too dynamically
changing
to list in this Policy.
|
To administer and protect our organisation and our Website (including troubleshooting, data analysis,
testing,
system maintenance, support, reporting and hosting of data)
|
(a) Identity
(b) Contact
(c) Technical
(d) Usage
|
(a) Necessary for our legitimate interests (for running our organisation, provision of administration and
IT
services, network security, to prevent fraud and in the context of an organisation restructuring exercise)
(b) Necessary to comply with a legal obligation
(c) Express consent
|
Please contact DotDot at any time to obtain an exact list of such parties, which are too dynamically
changing
to list in this Policy.
|
To deliver relevant Website content and services to you and measure or understand the effectiveness of the
information we serve to you
|
(a) Identity
(b) Contact
(c) Usage
(d) Marketing and Communications
(e) Technical
(f) Profile
|
(a) Necessary for our legitimate interests (to study how users utilize our services, to develop them, to
grow
our organisation and to inform our marketing strategy)
(b) Express consent
|
Please contact DotDot at any time to obtain an exact list of such parties, which are too dynamically
changing
to list in this Policy.
|
To use data analytics to improve our Website, Services, user relationships and experiences
|
(a) Technical
(b) Usage
(c) Identity
|
(a) Necessary for our legitimate interests (to define types of users for our services, to keep our Website
updated and relevant, to develop our organisation and to inform our marketing strategy)
(b) Express consent
|
Please contact DotDot at any time to obtain an exact list of such parties, which are too dynamically
changing
to list in this Policy.
|
To provide you with direct and user-specific marketing, make suggestions and recommendations to you about
events or services that may be of interest to you
|
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
|
(a) Necessary for our legitimate interests (to develop our services and grow our organisation)
(b) Express consent
|
Please contact DotDot at any time to obtain an exact list of such parties, which are too dynamically
changing
to list in this Policy.
|
4.2.3. Marketing
4.2.3.1. We strive to provide you with choices regarding certain personal data uses, particularly around marketing
and
advertising. To manifest your rights attached to any marketing sent to you as an existing customer, please use the
in-built prompts provided on those communications, or contact us.
4.2.3.2. You will receive marketing communications from us if you have requested information from us, have
participated in any DotDot service or event, or if you provided us with your details when registering for a
promotion
or event and, in each case, you have not opted-out of receiving that marketing.
4.2.4. Third-Party Marketing
4.2.4.1. Whilst we may use your personal data within our DotDot organisation group, we will get your express
opt-in
consent before we share your personal data publicly with any entity outside the DotDot group of organisations for
public purposes.
4.2.5. Opting-Out
4.2.5.1. You can ask us or authorised third parties to stop sending you marketing messages at any time by
contacting
us or the relevant third party at any time and requesting us to cease or change your marketing preferences.
4.2.5.2. Where you opt-out of receiving these marketing messages, this opt-out will not apply to other personal
data
of yours which we process for another lawful basis.
4.2.6. Change of Purpose
4.2.6.1. We will only use your personal data for the purposes for which we collected it, unless we reasonably
consider
that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to
get
an explanation as to how the processing for the new purpose is compatible with the original purpose, please
contact
us.
4.2.6.2. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the
legal basis which allows us to do so.
4.2.6.3. Please note that we may process your personal data without your knowledge or consent, in compliance with
the
above rules, where this is required or permitted by law.
5.
Disclosures of Your Personal Data
5.1. We may have to share your personal data with the parties set out below for the purposes set out in the table
above.
5.1.1. Internal Third Parties as set out in the Glossary;
5.1.2. External Third Parties as set out in the Glossary;
5.1.3. Specific third parties listed in the table above; and/or
5.1.4. Third parties to whom we may choose to sell, transfer, or merge parts of our organisation or our assets.
Alternatively, we may seek to acquire other organisations or merge with them. If a change happens to our
organisation,
then the new owners may use your personal data in the same way as set out in this Privacy Policy.
5.2. We require all third parties to respect the security of your personal data and to treat it in accordance with
the
law. We do not allow our third-party service providers to use your personal data for their own purposes and only
permit them to process your personal data for specified purposes and in accordance with our instructions and
standards.
6. Express Cookies Provision
6.1. The Website may make use of “cookies” to automatically collect information and data through the standard
operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to
recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track
usage behaviour and compile aggregate data that will allow the Website operator to improve the functionality of
the
Website and its content, and to display more focused advertising to a user by way of third party tools.
6.2. The type of information collected by cookies is not used to personally identify you. If you do not want
information collected through the use of cookies, there is a simple procedure in most browsers that allows you to
deny
or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features
available
on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and
your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent
to
our use of any personal information collected using those cookies, subject to the provisions of this Policy and
our
other policies or terms.
7. International Transfers
7.1. We share your personal data within the DotDot group of organisations and affiliates, and this may involve
transferring and processing your data outside of South Africa.
7.2. Whenever we transfer your personal data out of either territory, we ensure a similar degree of protection is
afforded to it by ensuring at least one of the following safeguards is implemented:
7.2.1. We will only transfer your personal data to countries that have been deemed to provide an adequate level of
protection for personal data by the Information Regulator’s Office of South Africa; and/or
7.2.2. Where we use certain service providers, we may use specific contracts/clauses which give personal data the
same
protection it has in South Africa.
7.3. Please contact us if you want further information on the specific mechanism used by us when transferring your
personal data out of South Africa.
8. Data Security
8.1. We have put in place appropriate security measures to prevent your personal data from being accidentally
lost,
used, or accessed in an unauthorised way, altered, or disclosed by using cloud storage and encryption technology.
In
addition, we limit access to your personal data to those employees, agents, contractors and other third parties
who
have a legitimate need to know. They will only process your personal data on our instruction and they are subject
to a
duty of confidentiality.
8.2. We have put in place procedures to deal with any suspected personal data breach and will notify you and any
applicable regulator of a breach where we are legally required to do so.
9. Data Retention
9.1. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for,
including for the purposes of satisfying any legal, accounting, or reporting requirements.
9.2. To determine the appropriate retention period for personal data, we consider the amount, nature, and
sensitivity
of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the
purposes for which we process your personal data, any other South African applicable law requiring us to retain
the
data and whether we can achieve those purposes through other means, and the applicable legal requirements.
9.3. Details of retention periods for different aspects of your personal data are available from us by contacting
us.
9.4. In some circumstances you can ask us to delete your data; see below for further information.
9.5. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you)
for
research or statistical purposes in which case we may use this information indefinitely without further notice to
you.
10. Your Legal Rights
10.1. Under certain circumstances, you have rights under data protection laws in relation to your personal data
where
we are the relevant “Responsible Party” over such personal data. Please contact us to find out more about, or
manifest, these rights:
10.1.1. request access to your personal data;
10.1.2. request correction of your personal data;
10.1.3. request erasure of your personal data;
10.1.4. object to the processing of your personal data;
10.1.5. request a restriction of processing your personal data;
10.1.6. request transfer of your personal data; and/or
10.1.7. right to withdraw consent.
10.2. You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
However,
we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we
may
refuse to comply with your request in these circumstances.
10.3. We may need to request specific information from you to help us confirm your identity and ensure your right
to
access your personal data (or to exercise any of your other rights). This is a security measure to ensure that
personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you
for
further information in relation to your request to speed up our response.
10.4. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a
month
if your request is particularly complex or you have made a number of requests. In this case, we will notify you
and
keep you updated.
11. Glossary
11.1. Lawful Basis
11.1.1. Legitimate Interest means the interest of our organisation in conducting and managing our
organisation to enable us to give you the best service and the most secure experience. We make sure we consider
and
balance any potential impact on you (both positive and negative) and your rights before we process your personal
data
for our legitimate interests. We do not use your personal data for activities where our interests are overridden
by
the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain
further information about how we assess our legitimate interests against any potential impact on you in respect of
specific activities by contacting us.
11.1.2. Performance of Contract means processing your data where it is necessary for the
performance
of a contract to which you are a party or to take steps at your request before entering into such a contract.
11.1.3. Comply with a legal or regulatory obligation means processing your personal data where it
is
necessary for compliance with a legal or regulatory obligation that we are subject to.
11.1.4. Express consent means the confirmed express consent you have provided to our processing
of
your personal data by actively accepting this Privacy Policy.
11.2. Third Parties
11.2.1. Internal Third Parties means other entities or parties in the DotDot group acting as
joint
responsible parties or operators and who are based in South Africa and provide IT and system administration
services
and undertake reporting.
11.2.2. External Third Parties means:
11.2.2.1. Authorised third-party service providers under contract with DotDot who need your personal information
in
order to contact and transact with you pursuant to your use of the Services;
11.2.2.2. specific third parties who have been identified in the table above;
11.2.2.3. service providers acting as operators based in South Africa who provide IT and system administration
services;
11.2.2.4. South African or other national governments and/or their respective authorities pursuant to our
adherence
with anti-corruption and crime-fighting legislation; and/or
11.2.2.5. professional advisers acting as operators or joint responsible parties including lawyers, bankers,
auditors
and insurers based in South Africa who provide consultancy, banking, legal, insurance and accounting services as
required.
11.3. Your legal rights
You have the right to:
11.3.1. Request accessto your personal data (commonly known as a “data subject access request”).
This
enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing
it.
11.3.2. Request correctionof the personal data that we hold about you. This enables you to have
any
incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new
data
you provide to us.
11.3.3. Request erasureof your personal data. This enables you to ask us to delete or remove
personal
data where there is no valid reason for us to continue to process it. You also have the right to ask us to delete
or
remove your personal data where you have successfully exercised your right to object to processing (see below),
where
we may have processed your information unlawfully or where we are required to erase your personal data to comply
with
local law.
Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons
which will be communicated to you, if applicable, at the time of your request.
11.3.4. Object to processingof your personal data where we are relying on a legitimate interest
(or
those of a third party) and there is something about your particular situation which makes you want to object to
processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right
to
object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate
that we have compelling legitimate grounds to process your information which override your rights and freedoms.
11.3.5. Request restriction of processingof your personal data. This enables you to ask us to
suspend
the processing of your personal data in the following scenarios:
11.3.5.1. if you want us to establish the data’s accuracy;
11.3.5.2. where our use of the data is unlawful but you do not want us to erase it;
11.3.5.3. where you need us to hold the data even if we no longer require it as you need it to establish, exercise
or
defend legal claims; or
11.3.5.4. you have objected to our use of your data, but we need to verify whether we have overriding legitimate
grounds to use it.
11.3.6. Request the transferof your personal data to you or to a third party. We will provide to
you,
or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note
that this right only applies to automated information which you initially provided consent for us to use or where
we
used the information to perform on a contract with you.
11.3.7. Withdraw consent at any timewhere we are relying on consent to process your personal
data.
However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If
you
withdraw your consent, we may not be able to provide certain Website access or Services to you. We will advise you
if
this is the case at the time you withdraw your consent.
Please take note that regardless of your right to withdraw consent under POPI, other South African legislation
applies and may require that we continue to process your data in order to comply with anti-corruption,
crime-fighting and/or other national legislation, which you expressly understand and agree to.
Annexure 2 - Returns and Exchange Policy
Returns and Exchange Policy
At DotDot, we aim to deliver joy to our customers, so if you are not completely satisfied with your order, then
neither are we.
Please contact us within 7 days of receiving your merchandise and we will be happy to find a solution together.
Returns may be logged in any of the following ways.
Dot Note: All returns logged are subject to inspection and final approval by DotDot’s Retail Clients (The
Retailer/s).
DoT Tip: Please remember to rate products to help DotDot, and other DotDotters like you, select only the best
quality
products for our store.
Dot Hint: If you’re not up to reading the full policy, check out our
FAQ section or contact us.
Detailed Policy Wording
1
Conditions Under Which Products Are Eligible for Return.
1.1 Provided that the General Conditions of Return have been met, products may be returned for a full refund if:
1.1.1 The product delivered is not the product that was ordered.
1.1.2 The product delivered is missing parts or accessories, which should have been included, as per the
description.
1.1.3 The product delivered is damaged.
1.1.4 The customer decides that the product is unsuitable for their needs.
1.2 In the case of 2.1.1, 2.1.2 and 2.1.3, the customer may opt to have the product replaced at no additional
cost,
instead of a refund. DotDot and its retailers prefer this method of resolution.
2 General Conditions of Return
2.1 Return requests must be logged within 7 days of receiving delivery. Parcels that are delivered with visible
damage
must be reported immediately and preferably before the driver leaves the delivery premises.
2.2 Final approval of all returns logged on DotDot are subject to inspection and approval by DotDot’s Retail
Clients
(The Retailer/s).
Dot Yay: Participating Retailers (Click to a list) allow in-store returns.
2.3 Total Processing time varies from 48 hours to 7 working days based on the complexity of the returns request.
Customers will be kept informed through every step of the process.
2.4 Each product on the DotDot shopping page lists the basic returns conditions for that specific item. Shoppers
may
refer to these before finalising their purchases.
2.5 DotDot will refund the price paid for products purchased, provided that the goods are still sealed, unused,
undamaged and in their original packaging. All accessories and parts must be included.
2.6 Goods for return upliftment must be protected with outer packaging, similar to that provided upon delivery.
All
relevant tracking numbers must be noted by the customer on the outer protective packaging and not on the product
itself or on the original product packaging.
2.7 If returned goods are not sealed or in the original undamaged packaging, the retailer may deduct a reasonable
amount from the refund for the use of the goods or for restoration costs to render the goods fit for re-stocking.
These costs will be communicated to customers before a refund is finalised.
2.8 Where a return upliftment is required, the customer is informed and must adhere to the uplift conditions. The
retailer may opt to inspect a return-request product at the delivered premises instead of approving an upliftment.
2.9 The customer does not generally pay for the costs of upliftment. However, if an upliftment cannot be performed
due
to the customer’s action or lack thereof, after reasonable attempts by DotDot to perform the collection, the cost
of
the final uplift may be charged to the customer.
2.10 All relevant financial transactions are performed upon final receipt, inspection, and approval by the
Retailer.
2.11 If the specified returns conditions are not fully met, DotDot and the Retailer reserves the right to reject a
returns claim.
2.12 Customers are encouraged to support claims with pictures, especially for damaged and defective products.
2.13 We regret that some products may not be returned due to the specific nature of the product or policies of the
retailer. See section 5 for more detail.
3
Product Returns on Gift Vouchers, Coupons, Rewards Points, Discount Codes.
3.1 Where a Gift Voucher, Coupon or Rewards Points are used in a purchase and the purchase is authorised for
refund,
the value of the Gift Voucher, Coupon or Rewards Points will only be replaced or refunded in the form that it was
originally used. In the instance where such refund is not possible in the format used, a DotDot Gift Voucher will
be
issued.
3.2 Replacement Gift Vouchers, Coupons or Rewards Points may not be eligible for use on specified products or
sales.
3.3 Discount Codes may be used once only and are not eligible for refund under any circumstances.
4Warrantees, Guarantees and After Sales Services
.
4.1 All warrantees, guarantees and after sales services are supported by the Retailers and not directly with
DotDot.
4.2 DotDot may facilitate a warrantee, guarantee or after sales service request by connecting the Retailer and
Customer and /or by assisting with any required information related to the services rendered by DotDot.
4.3 Such warrantee, guarantee or after sales service requests may be logged by contacting participating retailers
directly or by contacting DotDot
Customer Care. Following the support offered
in
4.2 DotDot may facilitate further processes such as upliftment, but only at the
request of the retailer. The retailer may opt to conclude a matter directly with a customer by closing the request
with DotDot. Notification of such action will be communicated to customers accordingly.
4.4 Retailers will honour manufacturer warrantees, guarantees subject to the relevant terms and conditions of such
being met by customers. Customers may consult directly with retailers for more details of such warrantees,
guarantees
and after sales services.
4.5 Refunds may only be processed to the account and format that was used to conclude the purchase. Example, if a
credit card was used for a purchase, the refund will only be credited to the credit card account used. However,
the
customer may opt to request a gift voucher instead. For purchases where the customer’s payment was not immediate,
refunds will only be processed after original payment has been received in full.
5
Products Not Eligible for Return or Refund
5.1 All returns requests are subject to approval by the Retailers and to the customer meeting the specified terms
and
conditions.
5.2 Customised and personalised products made to customer specifications may only be returned if they are
defective
and not in instances where the customer does not require the product anymore. Such returns requests may be logged
and
are subject to approval by the retailer.
5.3 Flat-pack furniture that has been assembled by the customer may not be returned except in the event of a
manufacturer defect and will be inspected pre return in the event of a potential manufacturing fault.
5.4 Licensed software and games may not be returned or refunded due to copyright law.
5.5 Discount Codes are not eligible for refund under any circumstances.
5.6 Other Items not eligible for refund include, but are not limited to:
5.6.1 Pre-paid cards, Digital or Physical Vouchers and Coupons.
5.6.2 Delivery and/or installation costs.
5.6.3 Any damaged or abused items.
5.6.4 Nursing or maternity and infant feeding products, breast pumps, bottles, teats, soothers, pacifiers,
formula,
maternity underwear, nappies and wipes.
5.6.5 Intimate products, lingerie, swimwear, bodysuits or underwear.
5.6.6 Piercing jewellery and adult toys.
5.6.7 Toiletries, personal beauty products or fragrances.
5.6.8 Foodstuff, beverages, or other products intended for consumption.
5.6.9 TV Licensing (This needs to be processed with the SABC).
5.6.10 Any other specified non-returnable/ non-refundable items.
5.7 Claims related to a defective product where the product is not defective according to the guidelines below are
not
eligible for refund. A defect is a material imperfection in the manufacture of a product, or any characteristic of
a
product, which renders the product quality lower than its intended design quality, within reasonable limits. The
following are therefore not regarded as defects and cannot be returned based on claims related to a defective
product.
5.7.1 Faults resulting from normal wear and tear.
5.7.2 Damage arising from negligence, user abuse or incorrect usage of the product.
5.7.3 Damage arising from electrical surges or sea air corrosion.
5.7.4 Damage arising from a failure to adequately care for the product.
5.7.5 Damage arising from unauthorised alterations or repairs to the product.
5.7.6 Where the specifications of a product, although accurately described on the Website and generally fit for
its
intended purpose, does not met the customer’s requirement.
5.7.7 Where the manufacturer’s documentation, packaging and website state warranty terms, conditions and
exclusions
specifically related to the claimed defect.
Returns may be logged in any of the following ways.
Annexure 3 - Shipping and Delivery Policy
Shipping and Delivery Policy
Here at DotDot, we love to move things from one place to another in a way that brings joy.
Delivery In Summary
· Our delivery costs and times work on a dynamic model and are calculated based on the:
o location and distance between consumer and store.
o consumer’s selection of goods and stores in a single cart.
o total value of goods purchased in a single cart.
· Expected delivery times generally range from same day to 3 business days.
· Delivery prices generally range from R0 to R180.
· Single cart purchases over R699 are generally free.
· There are some exceptions to the above general parameters.
Delivery Addresses
· Our delivery team will deliver your order to your home, workplace, or any other nominated delivery address.
DoT Wink:
· We’d love to deliver your gifts to family and friends – or your crush! Just nominate their address on checkout.
Remember to add a gift wrap service to your cart.
Delivery Costs
· Delivery prices generally range from R0 (dOT Yay!) to R100 (up to R180).
· Your delivery fee will be calculated at checkout.
· The delivery cost depends on the distance between your selected delivery address and the stores from which the
selected items are.
· Deliveries are free for most total cart values of over R699.
Dot Notes:
· Delivery costs more when a cart contains bulky items or items that are difficult to handle.
· When selected stores in the same cart are far away from each other, deliveries may be spilt or may attract
surcharges.
· The free delivery policy may not apply in instances when stores in the same cart are very far from each other or
if
a particular item carries a mandatory delivery charge.
DOt Tip:
· Shopping from stores close to you, and close to each other, will attract the lowest delivery fees (and arrive
the
soonest). Try shopping from your local mall and encourage your favourite stores to sign up.
Delivery Lead Times
· Most delivery times vary from same day (dOT Yay!) to 3 days. There may be some exceptions.
· You will get an estimated delivery date when you check out.
· Delivery times depend on the order, the stores from which you’ve shopped and where you want us to deliver it.
· We’ll send you tracking information for your package once the order has been finalised, so you won’t ever be
left in
the dark.
dOt Tip:
· Encourage your favourite stores at your local mall to sign up so you get to support them. Plus, you get your
favourite products from stores you trust and enjoy same day delivery!
You know they have it, you know you want it - why wait!?
Other Delivery Related Matters
· We deliver within the borders of South Africa only.
· Upon delivery, someone over the age of 18 must be present to accept a delivery.
· Please take note of the delivery date on check out and kindly advise us if you are unable to receive a parcel at
a
given time. On the assumption that someone is available to receive the parcel, we will attempt to deliver a parcel
twice. If we fail to do so due to someone being unavailable to receive the parcel, your order will be returned to
the
sender. Redelivery in this case may attract additional charges.
· Goods that are delivered damaged or are missing must be reported to customer care immediately, preferably
while the driver is present, or as soon as possible thereafter.
· Neither DotDot nor its vendors are responsible for losses or damages to items that occur after delivery by the
carrier to the nominated delivery address.
· Order statuses are shared with customers but may also be tracked by contacting customer care.
· Orders not already out for delivery may be cancelled by
contacting customer care.
· As part of our random quality assurance and security processes, we reserve the right to intercept or hold back
any
order for review. If your order is affected, you will be notified as soon as possible
Customer Care Contact Details
Have more questions?
Please refer to our
FAQ section
or
contact us!