Terms and Conditions
These Terms and Conditions govern access to and use of the website, mobile application or any other means of accessing or utilising the Platform, WizLock, WizSwitch, Products and Services, including accounts, access permissions, software and firmware, Orders, Purchases, Transactions, subscriptions, payments, cancellations, refunds, returns, delivery and related activities. By accessing or using the Platform, creating or using an account, placing an Order, making a Purchase or Transaction, subscribing to or using a Service, or accessing, controlling or operating a Product, the applicable User or Customer agrees to be bound by these Terms and Conditions.
1. Definitions & Recordal
1.1. “Holistic Technologies” or “Holistic” means Holistic Technologies (Pty) Ltd, being the developer, technology provider, and hosting infrastructure provider appointed in connection with the Platform. Holistic may develop, own, license, host, maintain, administer, secure, support and provide software, firmware, databases, APIs, communications infrastructure, applications, payment integrations and other technology used in connection with WizLock, WizSwitch or other authorised products and services of the Principal. Holistic's provision of such technology or infrastructure does not, by itself: make Holistic the seller or supplier of a Product or the commercial provider of a Service offered by the Principal; establish a contractual relationship between Holistic and a User in respect of the underlying commercial Service; make Holistic responsible for the commercial, operational or administrative acts or omissions of a Principal, a Seller or any other independent service provider; authorise the Principal or any other person to incur any liability, obligation or commitment on behalf of Holistic. Holistic may be contacted at 
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1.2 WizLock or “Principal” means WizLock (Pty) Ltd, being the owner of the WizLock and WizSwitch commercial operation and the entity responsible for managing and providing related services to users except where a different seller or service provider is duly appointed in relation to a particular product, service, country or transaction. The WizLock and WizSwitch names, logos and associated trade marks are owned by or licensed to WizLock (Pty) Ltd. All rights are reserved. Nothing in these Terms grants any User any right, title or interest in or to the WizLock trade marks except the limited right to use the Platform and Services in accordance with these Terms. The Principal owns or lawfully controls the WizLock and WizSwitch commercial operations , brands and such related intellectual property as is owned by or licensed to it, and may by itself manufacture, provide, license, operate, market, distribute or support Products and Services, or may appoint affiliates, Sellers, Operators, distributors, licensees, service providers or other authorised entities to perform any such function in particular countries, territories or markets.
1.3. “WizLock” means the WizLock-branded family of locking, access-control and related Products and Services, including any hardware, software, applications, accessories, functionality, subscriptions and associated services marketed, supplied, licensed or otherwise made available under the WizLock name from time to time. A reference to WizLock does not, by itself, identify the particular legal entity manufacturing, selling, licensing, operating or supporting the applicable Product or Service.
1.4. “WizSwitch” means the WizSwitch-branded family of switching, control, automation and related Products and Services, including any hardware, software, applications, accessories, functionality, subscriptions and associated services marketed, supplied, licensed or otherwise made available under the WizSwitch name from time to time. A reference to WizSwitch does not, by itself, identify the particular legal entity manufacturing, selling, licensing, operating or supporting the applicable Product or Service.
1.5. “Platform” means the common technology infrastructure through which WizLock, WizSwitch and any other related or authorised product, hardware, firmware or Service which may be operated, administered, connected, supported or made available. The Platform may include websites, mobile applications, software, firmware, locks, switches, infrastructure, databases, interfaces, APIs, communications systems, account-management facilities, payment and Transaction facilities, authentication systems, access-control functionality, device-management services and other associated technology or infrastructure made available from time to time. The Platform may be owned, developed, managed, operated, hosted, supported or licensed, in whole or in part, by Holistic, Principal, Third party technology or infrastructure providers appointed by Holistic, the Principal, third party technology or infrastructure providers or authorised Operators or service providers. A reference to the Platform does not, by itself, identify the particular legal entity contracting with a User, selling or supplying a Product or Service, processing a Transaction or operating any particular component of the Platform.
1.6. “Seller” means the entity identified as the seller or supplier of the applicable Product or Service at checkout, in the applicable order confirmation or on the invoice issued in respect of a particular transaction. The Seller may be the Principal, Holistic or an affiliate, assignee, distributor, licensee or other authorised entity appointed to supply Products in a particular country or territory. The identity and relevant contact particulars of the Seller applicable to an order shall be disclosed at or before checkout, or otherwise in the applicable order confirmation or invoice.
1.7. “Company” means, unless the context expressly indicates otherwise, the Principal, the applicable Seller or other entity designated by the Principal to provide the relevant Product or Service in the applicable territory. Any rights, protections, limitations of liability, exclusions, indemnities, releases, defences or other benefits conferred upon the Company under these Terms and Conditions shall, where applicable and to the extent permitted by law, extend equally to and be enforceable by Holistic and the applicable Seller, Operator, affiliate, distributor, licensee and their respective directors, officers, employees, contractors, agents and authorised service providers. References to “we”, “us” or “our” mean the Company unless the context expressly identifies Holistic or another entity in its separate capacity.
1.8. “Operator” means Holistic or any affiliate, distributor, licensee, service provider or other authorised entity appointed by the Principal to operate, administer, host, support or provide any part of the Platform or associated Services in a particular country, territory or market. An Operator may, but need not, also be the Seller of a Product or Service. For avoidance of doubt, the use of the term “Operator” in these Terms describes an operational role and does not necessarily mean an “operator” as defined under POPIA, which status shall be determined in accordance with applicable law.
1.9. “Product” means any hardware, software, application, device, accessory, subscription, digital functionality or other product supplied, licensed, made available or supported under or in connection with WizLock, WizSwitch or the Platform, as described or published from time to time.
1.10. “Service” means any software service, hosting service, subscription, account-management service, access-control service, switching or automation service, payment or Transaction facility, support service or other functionality provided through or in connection with WizLock, WizSwitch or the Platform from time to time.
1.11. “User” means any person or entity also known as client, customer or consumer who purchases, owns, controls, administers or is otherwise responsible for a Product and, where the context so requires, includes any person authorised or permitted to access, operate or otherwise use a product, service, account or the Platform.
1.12. “Order” means a request or instruction to acquire, subscribe to, purchase or otherwise obtain a Product, Service, credit, token or other commercial offering, whether paid or unpaid.
1.13. “Purchase” means the acquisition for consideration of a tangible Product or other physical item, including, by way of example, a lock, switch, controller, accessory or other hardware. Unless the context expressly indicates otherwise, a Purchase excludes the acquisition of intangible or non-physical items or value, including vouchers, tokens, credits, PIN numbers, digital codes or similar instruments used to activate, access, operate, recharge or otherwise utilise a Product, Service or associated facility.
1.14. “Transaction” means any monetary, non-monetary, electronic, digital or operational event, instruction or activity relating to a Product, Service or associated facility, including the issue, purchase, allocation, transfer, redemption, use or attempted use of vouchers, tokens, credits, PIN numbers, digital codes, access rights, permissions or other forms of value or functionality. A Transaction includes any such event whether initiated, authorised, attempted, pending, completed, declined, failed, cancelled, reversed, refunded or disputed and, unless the context indicates otherwise, does not constitute a Purchase of a tangible Product.
1.15. WizLock and WizSwitch Products may be manufactured, marketed, licensed and/or distributed by authorised manufacturers, Sellers, Operators, distributors or licensees. Depending upon the applicable Product, Products may function as locking, switching, automation or access-control mechanisms together with associated Services and payment facilities. Unless expressly stated otherwise in writing, no product is manufactured, supplied, advertised or represented as a foolproof, failsafe or standalone security system capable of preventing trespass, vandalism, unauthorised access, escape, confinement or any other security-related event without appropriate human supervision and oversight. No statement, description, specification, information, marketing material, testimonial or other communication issued or published by the Company constitutes a representation, warranty or guarantee that any particular security outcome will be achieved. Users remain responsible for determining whether a product is suitable for their intended application and should obtain appropriate advice from a suitably qualified security, access-control or locksmith professional.
1.16. Orders may be placed through the Platform, an applicable Seller or Operator, or any other authorised sales or Transaction channel. A Purchase shall become binding upon acceptance by the applicable Seller in accordance with these Terms and Conditions. Payment may be collected by the Seller, Holistic or an authorised payment processor acting for or on behalf of the Seller. The fact that payment is processed or received by an entity other than the Seller shall not, by itself, make that entity the seller or supplier of the Product.
1.17. Holistic, Principal, Seller, or any authorised third-party payment processor, logistics or fulfilment provider, and their respective authorised service providers may each collect, receive, use, store and otherwise process personal information to the extent reasonably necessary to operate the platform, process and fulfil orders, receive or administer payments, manage subscriptions, provide customer support, facilitate delivery, comply with legal, regulatory, accounting or record-keeping obligations, and otherwise administer the customer relationship. Personal information may be disclosed or transferred between Holistic, the applicable Seller and their respective authorised payment, logistics, fulfilment, technology and other service providers, including across national borders, where reasonably necessary for these purposes and subject to applicable data-protection and privacy laws.
1.18. Headings are included for convenience only and shall not affect the interpretation of these Terms and Conditions. Unless the context indicates otherwise: (a) words in the singular include the plural and vice versa; (b) references to a person include a natural person, company, partnership, trust, association, governmental body or other legal entity; (c) the words “including”, “include” and similar expressions shall be interpreted as being without limitation; (d) references to legislation include amendments, replacements and subordinate legislation made under it; (e) references to writing or written communications include electronic communications where permitted by law; and (f) where an obligation is required to be performed on a day that is not a business day, it may be performed on the next business day unless the context or applicable law requires otherwise.
2. Purchase and Payment
2.1. Payments are processed securely through the payment provider shown at checkout.
2.2. We do not store raw card details. Payment card information is processed by the payment provider.
2.3. Where a purchase involves currency conversion, the final amount charged may differ due to prevailing exchange rates and any currency conversion, payment gateway, card issuer, banking or other transaction fees imposed by third-party service providers.
2.4. Submission of a purchase constitutes an offer by the customer to purchase the Products. Receipt or authorisation of payment and any automated acknowledgement of the order do not by themselves constitute acceptance. The order is accepted when the Company issues an order acceptance or dispatch confirmation.
2.5. We may refuse, cancel or refund a Purchase or Order where there is a pricing error, stock issue, delivery limitation, suspected fraud, payment failure or other operational issue.
3. Subscriptions
3.1. Where a customer selects a subscription, the customer authorises us and our payment provider to charge the selected payment method according to the subscription option chosen at checkout.
3.2. Subscription options may include recurring payments for software and such related services, cloud access, account plans, access credits, digital functionality, updates, maintenance or warranty plans or any other available options.
3.3. Customers may request to cancel, pause or change a subscription by contacting the company by email or telephonically.
3.4. Subscription changes or cancellations must be requested at least 72 hours before the next scheduled renewal or billing date.
3.5. If a purchase or payment has already been processed, packed or dispatched, cancellation may only apply from the next subscription cycle.
4. Cancellation Policy
4.1. A Transaction, once submitted for processing, may not be capable of cancellation, amendment or reversal.
4.2 A Purchase may ordinarily not be cancelled once it has been processed or dispatched. A Purchase may be cancelled for a refund only where the cancellation request is received before payment has been processed and before the Product has been dispatched.
4.3. Once a purchase has been dispatched, it cannot usually be cancelled for change of mind.
4.4. Subscription cancellations apply to future orders or transactions only, unless the current order or transaction has not yet been processed.
5. Refund and Replacement Policy
5.1. We may offer a refund, replacement or credit where: the wrong product was delivered; the product was damaged on arrival; the order was not delivered due to an error by us or our delivery partner; we are unable to fulfil the order; there is a confirmed quality issue with the product.
5.2. Customers are required to report visible damage, incorrect deliveries or other immediately apparent issues wherever reasonably possible. To request a refund, replacement or credit, the customer must contact us within 24 hours of delivery and provide: order number; delivery address; photos, where relevant; a short explanation of the issue.
5.3. Refunds may not be approved where the issue was caused by: incorrect delivery details supplied by the customer; the customer not being available to receive the order; change of mind after dispatch; customer handling after delivery unless there is a confirmed product issue.
5.4. Approved refunds will be processed through the original payment method where possible.
5.5. Refund processing times may depend on the payment provider, the customer's bank or the payment method used.
6. Returns
6.1. Products cannot ordinarily be returned. This does not affect any right to return, replacement, refund or other remedy arising in respect of defective, damaged or incorrectly supplied products.
6.2. Where there is a product issue, we may request photos or other information before approving a refund, replacement or credit.
6.3. Transactions are usually not reversible and cannot be returned.
7. Delivery Policy
7.1. We deliver to selected areas only.
7.2. Users are responsible for providing the correct delivery details and shall ensure that someone is available to receive the order timeously.
7.3. We will use reasonable efforts to deliver orders within the estimated delivery window and, where reasonably practicable, to provide information regarding delivery availability, applicable delivery charges and anticipated delivery times before the order is dispatched. All delivery dates and times are estimates only and are not guaranteed. Delivery may be delayed or affected by circumstances beyond the Company’s reasonable control, including traffic conditions, courier or carrier schedules, inaccurate or incomplete delivery information, access restrictions, adverse weather, stock availability, service interruptions, strikes, governmental restrictions and other unforeseen events. The Company shall not be liable for any delay, loss, cost or inconvenience arising from such circumstances.
7.4. Where delivery cannot be completed, or proper receipt of the order cannot be obtained, because the customer supplied incorrect or incomplete information, was unavailable to receive the delivery, could not reasonably be contacted, failed to provide necessary access, or otherwise prevented successful delivery, the Company may charge the customer any reasonable additional handling or redelivery costs incurred.
7.5. If we cannot fulfil an order, the customer may be offered a new delivery date, replacement, credit or refund.
8. Promotions and Discounts
8.1. Promotions, discounts, coupon codes and launch offers may be limited by time, area, stock availability or customer eligibility.
8.2. We may, at our sole discretion, withdraw promotions, correct pricing errors or refuse misuse of discount codes.
9. Application, Accounts And Access Control
9.1. Software Licence
Subject to these Terms and Conditions, Holistic, the Principal and/or the applicable intellectual-property rights holder or authorised licensor grants each authorised User a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install, access and use the platform and any applicable WizLock or WizSwitch application, software, firmware and associated Services solely for their intended purpose and in connection with Products which the User is lawfully authorised to access, administer or operate. The Platform software, firmware, source code, object code, interfaces, designs, databases, documentation, trademarks and other associated intellectual property are licensed and not sold. Except for the limited right of use expressly granted under these Terms, no ownership, title, licence or other intellectual-property right is transferred to a User.
A User may permit another person to use WizLock to the extent necessary to exercise an access right or permission lawfully granted through the Service, but may not otherwise sell, assign, distribute, lease, commercially exploit, reproduce or sublicense the application or software.
The licence granted under this clause shall terminate when the User's right to use the applicable account, Product or Service terminates, subject to any rights which are required to survive by applicable law.
9.2. User Accounts and Account Security
A User is responsible for maintaining reasonable security over their account, registered devices, passwords, PINs, authentication credentials, digital keys, access codes and other means of accessing or controlling a Product or Service. Users shall: (a) provide accurate and current account information; (b) keep passwords, credentials and security information confidential; (c) maintain appropriate security on any mobile phone, computer or other device used to access WizLock; (d) not knowingly permit an unauthorised person to access their account; (e) promptly revoke access credentials which are no longer required; (f) promptly notify the Company if a device, credential, password, digital key or account is lost, stolen, compromised or suspected of unauthorised use; and (g) take reasonable steps requested by the Company to secure or recover an affected account. A User who grants access remains responsible for the scope, duration and permissions created, maintained or authorised by that User and taking reasonable steps to revoke or secure them when circumstances change. The Company may require re-authentication, password changes, additional verification or other security measures where reasonably necessary to protect an account, Product, User or the platform.
9.3. Authority Over Products and Premises
By registering, administering, controlling or granting access to a Product, account, lock, switch, property, premises or other controlled facility, the User represents that they have lawful authority to do so or have been duly authorised by the person having such authority. A User shall not use WizLock to control, interfere with, restrict access to, or grant access to any property, Product or facility in respect of which the User lacks the necessary ownership, authority, consent or lawful entitlement. The Company is entitled to rely on instructions and permissions submitted through an authenticated User account unless it has reasonable grounds to believe that such instructions are unauthorised, fraudulent, unlawful or compromised. The Company is not responsible for resolving disputes between owners, occupiers, landlords, tenants, employers, employees, administrators, guests or other persons concerning who is legally entitled to enter, occupy, control or grant access to particular premises or property.
9.4. Guests, Access Rights and Permissions
A User who creates, issues, modifies or revokes a guest invitation, PIN, digital key, access credential, permission or other access right is responsible for determining: (a) the identity of the intended recipient; (b) that the User has authority to grant the relevant access; (c) the locations, Products or facilities to which access is granted; (d) the duration, times and conditions of that access; and (e) when the access should be amended, suspended or revoked. Users should grant no greater access than is reasonably necessary for the intended purpose. Access credentials are intended for the person to whom they are issued and must not be transferred, published, disclosed or made available to others except where such transfer is expressly authorised by the User responsible for the applicable Product or account. A User granting access to another person remains responsible for the permissions of that person. The Company may suspend, invalidate or refuse an access credential where reasonably necessary for security, fraud prevention, legal compliance, account protection or protection of the WizLock platform or the User himself.
9.5. Access Records
WizLock may generate or retain records relating to Products, locations, Users, guests, access permissions, access attempts, access events, operational instructions and related activity. Such records are generated from information available to the Product, application, device, network and associated systems and may be affected by connectivity, device configuration, time synchronisation, communication delays, hardware status or other technical conditions. Unless expressly stated otherwise, an access record is an operational record of information received or generated by the WizLock system and is not a guarantee or conclusive representation as to the physical presence, identity, conduct or location of any particular person.
9.6. Suspension and Termination of Accounts or Services
The Company may suspend, restrict or terminate an account, credential, Product connection, Transaction, feature or Service where reasonably necessary because of: (a) actual or suspected fraud, unauthorised access or account compromise; (b) a security vulnerability, cyberattack or threat to the WizLock platform; (c) misuse or attempted misuse of a Product or Service; (d) breach of these Terms and Conditions; (e) non-payment of an amount lawfully due; (f) unlawful, abusive or prohibited activity; (g) an instruction or requirement of a competent governmental, judicial or regulatory authority; (h) protection of Users, Products, systems, infrastructure or third parties; (i) use of an obsolete, unsupported or insecure software or firmware version where continued use creates a material security or operational risk; or (j) any other material circumstance which reasonably requires suspension to protect the integrity or lawful operation of the Service. Where reasonably practicable, the Company will provide notice before a material suspension or termination. No prior notice is required where immediate action is reasonably necessary for security, fraud prevention, legal compliance or protection against material harm. Suspension or termination does not affect rights or obligations accrued before such suspension or termination.
9.7. Younger Users
WizLock is not designed specifically for children. A person under the age of 18 may use WizLock only where such use is permitted by applicable law and occurs with the permission and, where appropriate, supervision of a parent, legal guardian or other competent person responsible for administering the relevant account, Product or lock. Where applicable law requires the consent or authorisation of an adult for the processing of a younger User's personal information, the relevant adult must provide such consent or authorisation. Any adult who establishes, administers or permits use of an account by or for a younger User represents that they have the necessary authority to do so and shall take reasonable steps to ensure that access permissions granted to the younger User are appropriate. An account holder who provides the personal information of a younger guest or other person shall provide only such information as is reasonably necessary to establish or administer the intended access.
9.8. Software, Firmware, Updates and Compatibility
The Company may from time to time issue, install, require or make available updates, upgrades, patches, security fixes, firmware changes or replacement versions of the WizLock application, Product software or associated Services. Certain updates may be necessary to maintain security, compatibility, regulatory compliance or continued operation of a Product or Service. A User's failure or refusal to install or permit a required update may result in reduced functionality, incompatibility, loss of access to particular features or suspension of affected Services where continued use would create a material security or operational risk. The Company does not warrant that every version of WizLock will remain indefinitely compatible with every mobile device, operating system, browser, network, third-party application or legacy Product. The Company may establish or amend reasonable minimum hardware, operating-system, application or firmware requirements from time to time. Where reasonably practicable, Users will be notified of material changes which require action on their part.
9.9. Prohibited Use
A User shall not, directly or indirectly: (a) access or attempt to access any account, Product, lock, premises, data, system or network without lawful authority; (b) circumvent, bypass, disable, defeat or interfere with any authentication, security, access-control or technical protection measure; (c) obtain, harvest, disclose, intercept or misuse passwords, credentials, PINs, digital keys, tokens, access codes or other security information belonging to another person; (d) impersonate another User or falsely represent their identity, authority or entitlement to access; (e) introduce malware, malicious code, automated attacks or other harmful material into WizLock or any connected Product or system; (f) interfere with, overload, disrupt, damage or impair the operation, security or availability of the WizLock platform; (g) probe, scan, penetrate or test the security of WizLock or a connected system without prior written authority; (h) copy, modify, translate, adapt, decompile, disassemble, reverse engineer or attempt to derive the source code, protocols or internal operation of WizLock except to the limited extent that such restriction is prohibited by applicable law; (i) use WizLock to facilitate unlawful entry, trespass, theft, fraud, vandalism, harassment or other unlawful conduct; (j) use a Product to unlawfully confine, restrain or prevent the lawful or emergency exit of another person; (k) defeat or interfere with a safety, emergency, fire, evacuation or legally required access mechanism; or (l) use a Product or Service in any manner materially inconsistent with its intended purpose, applicable instructions or applicable law. The Company may investigate suspected prohibited use and may preserve or disclose relevant information where reasonably necessary for security purposes or where required or permitted by applicable law.
9.10. Emergency and Alternative Access
WizLock Products and Services are access-control mechanisms and should not, unless expressly designed and certified for such purpose, be relied upon as the sole means of emergency entry, emergency exit, evacuation, life safety or access to persons, premises or equipment where immediate access may be necessary. Users are responsible for maintaining an appropriate alternative means of access having regard to the nature and use of the relevant premises or Product. Where a Product is supplied with a mechanical key, override, secondary access mechanism or other alternative means of operation, the User shall keep such means secure, functional and reasonably accessible to an authorised person who may require it. Users should take account of foreseeable events including loss or failure of a mobile device, depleted batteries, loss of electrical power, mobile-network or Internet failure, Bluetooth or wireless communication failure, server or cloud interruption, software failure, forgotten credentials and other circumstances capable of preventing electronic access. Nothing in WizLock should be configured or used in a manner which unlawfully prevents emergency evacuation or conflicts with applicable fire, building, occupational-safety or other mandatory access requirements.
9.11. Modification, Replacement or Discontinuation of Services
The Company may from time to time modify, improve, replace, suspend, consolidate, retire or discontinue a feature, application version, software component, integration, Product capability or Service where reasonably necessary because of technical, commercial, security, regulatory, operational or product-development considerations. Where a material paid Service or functionality is to be permanently discontinued, the Company will, where reasonably practicable and subject to applicable law: (a) provide reasonable prior notice; (b) identify any available replacement or alternative functionality; (c) provide a reasonable opportunity to retrieve information made available for export, where applicable and technically practicable; and (d) provide any refund, credit, cancellation right or other remedy required under the applicable subscription terms or mandatory law. The Company may immediately suspend, modify or discontinue functionality without prior notice where reasonably necessary to address a security vulnerability, unlawful use, legal requirement, infrastructure failure or other urgent threat to Users, Products or the WizLock platform. No Product, software version, integration or feature is represented as being available indefinitely unless expressly agreed otherwise in writing.
10. Privacy Policy
The WizLock Privacy Policy is incorporated into and forms part of these Terms and Conditions and explains how personal information is collected, used, processed, stored, protected and disclosed in connection with the Platform, Products and Services. The current WizLock Privacy Policy is available here.
11. Limitation of Liability
11.1. To the fullest extent permitted by applicable law, the Company, its affiliates, directors, employees, agents, distributors and authorised representatives shall not be liable for any indirect, incidental, special, consequential or economic loss arising out of or in connection with the website, any order, delivery, subscription or use of a Product, including any loss of profit, revenue, business, opportunity, goodwill, anticipated savings or data. The Company shall not be liable for any loss, damage, delay, additional cost or failure of performance arising from: (a) any act, omission, delay, interruption, error or failure of a third-party payment provider, payment gateway, bank, card issuer, courier, carrier, fulfilment provider, telecommunications provider or other independent service provider; (b) circumstances beyond the Company’s reasonable control, including natural disasters, extreme weather, fire, flood, epidemic, pandemic, war, civil disturbance, industrial action, governmental action or restriction, interruption of utilities or communications, transport disruption, shortages of ingredients or materials, supply-chain disruption or failure of third-party systems or infrastructure; (c) incorrect, incomplete or misleading information supplied by the customer, including delivery, contact or payment information; (d) the customer’s failure to follow installation, maintenance or other instructions relating to the Product or service; or (e) misuse, alteration and improper handling of a product or service for purposes it was not supplied or intended.
Where the Company is found liable for any loss or damage and applicable law permits that liability to be limited, the Company’s aggregate liability arising from or relating to the relevant transaction shall not exceed the total amount actually paid by the customer to the Company for the Product or order giving rise to the claim.
Nothing in these Terms excludes, restricts or limits any liability, statutory warranty, consumer right, remedy or other obligation which cannot lawfully be excluded, restricted or limited under applicable law, including any liability arising in respect of defective, unsafe or non-compliant goods to the extent that such liability is imposed by mandatory law.
12. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Subject to any mandatory rights or jurisdiction conferred upon a customer by applicable law, any dispute, claim or proceeding arising out of or in connection with these Terms and Conditions, or the supply of any product, shall be subject to the jurisdiction of the courts of South Africa.
Notwithstanding the foregoing, where a Product is supplied, distributed or fulfilled by an assignee, affiliate, distributor or other authorised representative of the Company in another jurisdiction, the Company may, to the extent permitted by applicable law, designate the governing law and contracting Seller applicable to that order as those identified at checkout, which designation shall thereafter apply to that transaction. Where no such designation is made, or where the circumstances otherwise require, the Company may determine that any dispute arising from or relating to that transaction shall be governed by the laws of, and subject to the jurisdiction of the courts or other competent authorities in, the jurisdiction in which the relevant assignee, affiliate, distributor or authorised representative supplied, distributed or fulfilled the Product.
13. General
13.1. Severability: If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision shall, to the extent necessary, be severed or modified so as to make it valid and enforceable while preserving its intended effect as far as reasonably possible. The remaining provisions shall continue in full force and effect.
13.2. No Waiver: No failure, delay, relaxation or indulgence by the Company in exercising or enforcing any right, power or remedy under these Terms and Conditions shall constitute a waiver of that right, power or remedy. Any waiver shall be effective only if expressly made in writing and shall apply only to the particular matter in respect of which it is given. A waiver on one occasion shall not constitute a waiver of any subsequent or continuing breach.
13.3. Entire Agreement: This Constitute the entire agreement concerning the User's access to and use of the Platform, WizLock, WizSwitch, Products and Services and any applicable Order, Purchase, Transaction or subscription and supersede any prior representations, communications, understandings or agreements relating to any transaction. Nothing in this clause or elsewhere in these Terms and Conditions shall exclude, restrict, waive or diminish any right, remedy, warranty, guarantee or protection conferred upon a customer by applicable law which cannot lawfully be excluded, restricted or waived. No rule of interpretation shall apply against a party merely because that party or its representatives prepared any provision of these Terms and Conditions.
13.4. Electronic Communications: The customer consents to receiving notices, invoices, order confirmations, subscription communications, disclosures and other communications relating to transactions electronically, including by email, SMS, website notification or other electronic means using the contact information supplied by the customer. Unless otherwise required by applicable law, an electronic communication shall be deemed received when it becomes capable of being retrieved by the customer at the electronic address or account designated by the customer. The customer is responsible for ensuring that the contact information provided to the Company remains current and accurate.
13.5. Assignment and Transfer: The Company may assign, transfer, novate or otherwise dispose of any of its rights or obligations under these Terms and Conditions to an affiliate, successor, purchaser of the relevant business, authorised distributor, fulfilment provider or other entity associated with the supply of the Products, provided that such assignment or transfer does not unlawfully diminish any mandatory rights of the customer. The customer may not assign or transfer any material right or obligation arising under these Terms and Conditions without the Company's prior written consent, except where such restriction is prohibited by applicable law.
13.6. Survival: Any provision which by its nature is intended to continue after completion, cancellation, termination, expiry or fulfilment of an order or relationship between the customer and the Company shall survive such completion, cancellation, termination, expiry or fulfilment. Without limitation, provisions relating to payment obligations, intellectual property, privacy, limitations of liability, dispute resolution, governing law, confidentiality where applicable, indemnities where applicable and accrued rights and obligations shall continue to apply to the extent relevant.
13.7. Amendments to these Terms and Conditions: The Company may amend, replace or update these Terms and Conditions from time to time, including to reflect changes in its Products, business practices, payment arrangements, delivery arrangements, legal requirements or regulatory obligations. Unless otherwise required by applicable law, amendments shall operate prospectively only and shall not retrospectively alter the contractual terms applicable to an order already placed and accepted. The Terms and Conditions applicable to a particular order shall be those in effect at the time that order is placed, subject to any subsequent amendment expressly agreed between the Company and the customer or required by applicable law.
13.8. Existing Subscriptions and Continuing Services: Where a customer has an ongoing subscription or other continuing arrangement, amendments to these Terms and Conditions may apply prospectively to future subscription cycles or future orders after reasonable notice has been provided where required. Any material change affecting subscription pricing, billing frequency, cancellation rights or other material commercial terms shall apply only in accordance with applicable law and any notice or consent requirements applicable to that change.
14. Contact
For orders, refunds, cancellations, delivery issues, subscription changes, privacy enquiries or customer support, please contact your applicable Seller or local representative. Alternatively, you may contact